Mississippi Supreme Court

Hand Down Lists
January 16, 1997

01/16/1997 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
X 91-KA-00520-SCT

Ivy, Arthur Lee v. State of Mississippi Appeal No. 16890 from Judgment dated MAY 08, 1991, Lauderdale County Circuit Court; DISPOSITION - Petitioner's Petitions for Writ of Mandamus dismissed. This Court imposes a sanction upon the petitioner, Arthur Lee Ivy, in the amount of $250.00 for having filed a frivolous petition with this Court. Arthur Lee Ivy is hereby prohibited from filing any matter in forma pauperis in any court of this state, without the prior permission of this Court until he has paid the sanction here imposed. Banks, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, McRae, Roberts and Smith, JJ., Concur. Mills, J., Concurs in result only. Opinion and Order on Petitions for Writ of Mandamus entered.


EN BANC
93-CA-00487-SCT

Malone, Mark v. Tony Frey, William Frey and Leroy Frey Appeal No. 9725 from Judgment dated MARCH 23, 1993, Holmes County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., Banks and McRae, JJ., would grant. Pittman, J., Not Participating.


EN BANC
93-US-00534-SCT

Blue, David v. State of Mississippi Appeal No. 22123 from Judgment dated APRIL 02, 1993, LeFlore County Circuit Court; DISPOSITION - On Court's own motion, Wednesday, February 5, 1997, is hereby set as the date for execution of the Appellant in the manner provided by law. Order entered.


EN BANC
93-CA-01110-SCT

Bruce (Krupica), Patricia L. v. James B. Bruce Appeal No. 26038 from Judgment dated AUGUST 26, 1993, Lowndes County Chancery Court; DISPOSITION - Motion for Rehearing denied. Prather and Sullivan, P.JJ., Pittman and Banks, JJ., would grant. Mills, J., Not Participating.


EN BANC
95-KA-00424-SCT

Winston May a/k/a Jerrell W. May a/k/a Gerrell v. State of Mississippi CONSOLIDATED WITH: Winston May v. State of Mississippi; Appeal No. PC14 91-KA-00367-SCT from Judgment dated MARCH 21, 1995, Lawrence County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., Banks and McRae, JJ., would grant.


EN BANC
91-KA-00367-SCT

May, Winston a/k/a Jerrell W. May a/k/a Gerrell Winston May v. State of Mississippi CONSOLIDATED WITH: 95-KA-00424-SCT; Appeal No. PC14 from Judgment dated MARCH 21, 1995, Lawrence County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Appellant is taxed with all costs of this appeal.


EN BANC
93-US-00081-SCT

Ballenger, Vernice v. State of Mississippi Appeal No. 8337 from Judgment dated JANUARY 13, 1993, Leake County Circuit Court; DISPOSITION - State's Motion to Reset Execution Date granted. Wednesday, February 26, 1997, is hereby set as the date for execution of the sentence of death upon the Appellant in the manner provided by law. Order entered.


EN BANC
93-CA-00144-SCT

J. O. Hooker & Sons, Inc. v. Roberts Cabinet Co., Inc. Appeal No. 16577 from Judgment dated DECEMBER 16, 1992, Rankin County Circuit Court; DISPOSITION - Appellant's Motion to Amend Mandate granted. The mandate is amended to read as follows: "Affirmed on condition of remittitur; if remittitur refused, reversed and remanded for a new trial on damages only. Lee, C.J., and McRae, J., Concur in result only. Roberts, J., Not Participating. Appellant is taxed with all costs of this appeal." Order entered.


EN BANC
93-CT-01287-SCT

Bell, Bernice v. Randall Barber and Janie Barber Appeal No. CI922CT from Judgment dated OCTOBER 27, 1993, Tate County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Bernice Bell denied. To Deny: Lee, C.J., Prather, P.J., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: Sullivan, P.J., and McRae, J. Order entered.


EN BANC
95-KA-00127-SCT

Ferguson, Clay v. State of Mississippi Appeal No. 9734 from Judgment dated JANUARY 11, 1995, Attala County Circuit Court; DISPOSITION - Appellee's motion for modification or clarification of majority opinion rendered December 12, 1996 granted. Opinion Modified. Order entered.


EN BANC
95-DP-00144-SCT

Woodward, Paul Everette v. State of Mississippi CONSOLIDATED WITH: Appeal No. 3789 from Judgment dated SEPTEMBER 20, 03-DP-00081 SCT 1995, Perry County Circuit Court; DISPOSITION - Motion to Remand to Trial Court to Correct the Record filed by Paul Everette Woodward denied. This Court directs counsel for Woodward, and the State, to confer, telephonically or otherwise, within five days from entry of this order, and determine whether or not they would be willing to stipulate that there are no questionnaires for Martha Clifton (Shelby) and Glenwood Mathis, both of whom served as jurors, and for one venire person struck by the State, Marseah Williams. Mr. Adelman is directed to contact this Court immediately following conference, and advise this Court of the outcome and resolution of this matter, so the briefing schedule can be reinstated and this appeal can proceed in a timely manner. Pittman and McRae, JJ., Not Participating. Order entered.


EN BANC
95-M-00277-SCT

In Re: Attorney General Mike Moore Appeal No. 12985 Monroe County Circuit Court; DISPOSITION - Respondents' Motion to Dismiss and for Sanctions denied. Smith, J., would grant. Roberts and Mills, JJ., Not Participating. Order entered. DISPOSITION - Motion to Supplement Petition for Writ of Mandamus granted. Robert Parham is granted leave to intervene and the parties are directed to serve upon him, through counsel, copies of all documents previously filed and to be filed in this matter. The parties shall notify the Court within fifteen (15) days of this order whether the record is complete in this matter. Petitioner shall have thirty (30) days from date of this order to submit a brief in support of his position in this matter. Respondent and Intervenor shall have fifteen (15) days from service of Petitioner's brief in which to respond. Petitioner shall have seven (7) days from service of Respondents' and Intervenor's briefs in which to reply. Pittman and Smith, JJ., would deny Robert Parham leave to intervene. Roberts and Mills, JJ., Not Participating. Order entered.