Mississippi Supreme Court

Hand Down Lists
January 09, 1997

01/09/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Chuck McRae, J.
U 93-CA-00954-SCT

Martin, Bessie v. Oakhurst Associates, Ltd. Appeal No. 5129 from Judgment dated AUGUST 13, 1993, Walthall County Circuit Court; Judgment Affirmed. Statutory penalties are awarded. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
X 94-CC-00369-SCT

Chandler, Bobby J. and Jackson Firefighters Association Local 87 Union v. City of Jackson Civil Service Commission and Firefighters, Ltd. Appeal No. 937726 from Judgment dated MARCH 18, 1994, Hinds County Circuit Court, First Judicial District; Judgment Affirmed. Smith, J., Not Participating. Appellant is taxed with all costs of this appeal.


Fred L. Banks, J.
U 94-CA-00079-SCT

Willis, Brantley v. Honorable Kirk Fordice, Governor of the State of Mississippi Appeal No. 9377050 from Judgment dated DECEMBER 13, 1993, Hinds County Circuit Court, First Judicial District; Affirmed. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
X 92-KA-00394-SCT

Fleming, Jesse J. v. State of Mississippi Appeal No. 9669 from Judgment dated MARCH 26, 1992, Attala County Circuit Court; CONSOLIDATED WITH:93-KA-00902-SCT Jesse J. Fleming v. State of Mississippi; Appeal No. 9669 from Judgment dated JUNE 29, 1993, Attala County Circuit Court; Reversed and Remanded. Banks and Smith, JJ., Not Participating. Attala County is taxed with all costs of this appeal.


EN BANC
90-CT-00410-SCT

Merchants National Bank v. Harry A. Stewart, Sr. and Betty Stewart Appeal No. 26880 from Judgment dated MARCH 28, 1990, Madison County Chancery Court; CONSOLIDATED WITH: 94-CT-00231-SCT Harry A. Stewart, Sr. and Betty D. Stewart v. Merchants National Bank, Vicksburg, Mississippi; Appeal No. 26880 from Judgment dated DECEMBER 10, 1993, Madison County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Merchants National Bank granted. To Grant: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts and Smith, JJ. Not Participating: Mills, J. Order entered.


EN BANC
XX 92-CA-00310-SCT

Thompson Machinery Commerce Corporation, a Tennessee Corporation v. Steve Wallace Appeal No. 21211GL from Judgment dated FEBRUARY 07, 1992, Lee County Circuit Court; Motion for Rehearing granted. The original opinions are withdrawn and these opinions are substituted therefor. On Direct Appeal: Affirmed. On Cross Appeal: Remanded for proceedings consistent with the Opinion of this Court. Statutory penalties are awarded. McRae, J., Sullivan, P.J., Pittman, Banks and Mills, JJ., Concur. Prather, P.J., Dissents with Separate Written Opinion joined by Lee, C.J., Roberts and Smith, JJ. Appellant and Appellee are taxed equally with all costs of this appeal. DISPOSITION - Appellant's Motion for Leave to File Brief in Response to Appellee's Reply Brief in Support of Motion for Rehearing denied. Order entered.


EN BANC
92-US-00568-SCT

Walker, Alan Dale v. State of Mississippi Appeal No. 25945 from Judgment dated AUGUST 12, 1991, Harrison County Circuit Court, First Judicial District; DISPOSITION - State's Motion to Reset Execution Date granted. January 29, 1997, is hereby set as the date for execution of the appellant in the manner provided by law. Order entered.


EN BANC
93-US-00418-SCT

Russell, Willie v. State of Mississippi Appeal No. 10130 from Judgment dated MARCH 04, 1993, Sunflower County Circuit Court; DISPOSITION - State of Mississippi's Motion to Reset Execution Date granted. January 22, 1997 is hereby set as the date for execution of Russell in the manner provided by law. Order entered.


EN BANC
94-CT-00531-SCT

Jenkins, Edmond Allen and Donna B. Jenkins v. Eldon Thomas Jenkins, Earl Burnell Jenkins, Lavelle Jenkins McRee, Alice Jenkins Thompson, Edmund Burke Jenkins, Robert Eugene Jenkins, Francis Jenkins Simmons, Shirley Jenkins Sessions, Sara Ann Jenkins White, Henrietta Jenkins Buckley and Dilly Jenkins Appeal No. 26778 from Judgment dated MAY 09, 1994, Copiah County Chancery Court; DISPOSITION - Appellants' Petition for Writ of Certiorari denied. To Deny: All Justices. Order entered.


EN BANC
XXX 94-BA-00749-SCT

Emil, Gerald R. v. Mississippi Bar Appeal No. 92B1156 from Judgment dated JULY 07, 1994, Complaint Tribunal; Sanction of Disbarment Reversed. Complaint Tribunal's findings of misconduct for the solicitation of business Affirmed. Gerald R. Emil shall be publicly reprimanded. Complaint Tribunal's findings of misconduct for soliciting business and sharing legal fees Affirmed. Gerald R. Emil is hereby suspended from the practice of law indefinitely. Reinstatement of Gerald R. Emil is solely contingent on proof from the Board of Bar Examiners that he has succesfully passed all sections of The Mississippi Bar examination. When this proof is presented to this Court an immediate Order of Reinstatement for Gerald R. Emil will issue. Sullivan, P.J., Lee, C.J., Prather, P.J., Roberts, Smith and Mills, JJ., Concur. Roberts, J., Concurs with Separate Written Opinion. Banks, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Pittman and McRae, JJ., Not Participating. Emil is taxed with all costs of this appeal. DISPOSITION - Appellant's Motion to Introduce Additional Character Evidence denied. Pittman and McRae, JJ., Not Participating. Order entered. DISPOSITION - Appellee's Motion to Strike the Additional Character Evidence granted. Pittman and McRae, JJ., Not Participating. DISPOSITION - Appellee's Motion in Limine dismissed. Pittman and McRae, JJ., Not Participating. Order entered. DISPOSITION - Appellee's Motion for Sanctions denied. Pittman and McRae, JJ., Not Participating. Order entered.


EN BANC
95-CT-00182-SCT

Simpson, Angela Anderson v. Robert Bradley Simpson Appeal No. 93220 from Judgment dated JANUARY 06, 1995, Calhoun County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Robert Bradley Simpson denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, McRae and Smith, JJ. To Grant: Lee, C.J., Roberts and Mills, JJ. Order entered.