Hand Down Lists
January 28, 1999
Mills, Michael P.
XXX
97-CA-01462-SCT
Mottley, Reed Rickman v. Rebecca Cochran Mottley
Forrest Chancery Court; LC Case#: 45450; Ruling Date: 10/08/1997; Ruling Judge: James Thomas, Jr.; Majority Opinion:Mills, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Smith, J., Waller, J., Concur. Sullivan, P.J., Not Participating. Dissenting Opinion: Banks, J. Votes: McRae, J., Roberts, J., Join. Dissenting Opinion:McRae, J. Votes: Roberts, J., Joins.
McRae, Chuck
X
97-CA-00955-SCT
Jackson, Sr., C. E., Husband and Conservator of Ilda Lee Jackson v. C. E. Jackson, Jr., Joe A. Jackson, Carey M. Jackson, Hugh L. Jackson, Kathryn Lee Brister, James H. Jackson and Barbara Lee Barker
Pike Chancery Court; LC Case#: 34539; Ruling Date: 06/30/1997; Consolidated With 97-CA-01216-SCT IN THE CONSERVATORSHIP OF ILDA LEE JACKSON: C. E. Jackson, Sr. v. Bernell McGehee, CPA, as appointed Conservator of the Estate of Ilda Lee Jackson; Pike Chancery Court; LC Case#: 34539; Ruling Date: 09/10/1997; Ruling Judge: W. McGehee, II; Majority Opinion: McRae, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and Appellees taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Roberts, J., Mills, J., Concur. Smith, J., Waller, J., Not Participating.
McRae, Chuck
X
97-KA-01123-SCT
Fleming, Jessie J. v. State of Mississippi
Attala Circuit Court; LC Case#: 9669; Ruling Date: 09/17/1997; Ruling Judge: C. Morgan, III; Majority Opinion: McRae, J. Disposition: Conviction of felony crime of fraud by a public official and sentence of five (5) years in the custody of the Mississippi Department of Corrections with four (4) years suspended for a period of five (5) years beginning upon his release from incarceration, with one (1) year to serve, and pay all court costs, fees and assessments, affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Roberts, J., Mills, J., Waller, J., Concur. Smith, J., Not Participating.
Banks, Fred L., Jr.
X
97-CA-01059-SCT
Hudson, Jr., Clyde N., Marie Hudson Hill, Betty Jane Campbell and Edna Osborne Walker v. Robert M. Moon, Alonzon D. Welch, Woody Loden, Johnny Gilmore and Graydon Farrow, as Directors of the Mississippi Christian Foundation and the Mississippi Christian Foundation, a Mississippi non-profit corporation
DeSoto Chancery Court; LC Case#: 933332; Ruling Date: 07/23/1997; Ruling Judge: Dennis Baker; Majority Opinion:Banks, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., McRae, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur.
Banks, Fred L., Jr.
X
98-CP-00338-SCT
Kennedy, Victor a/k/a Victor Lewis Kennedy a/k/a Victor Louis Kennedy v. State of Mississippi
Lamar Circuit Court; LC Case#: PC43; Ruling Date: 02/11/1998; Ruling Judge: R. Prichard, III; Majority Opinion: Banks, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., McRae, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur.
Pittman, Edwin Lloyd
X
97-KA-00848-SCT
Godbold, Cornelius Charles v. State of Mississippi
Lincoln Circuit Court; LC Case#: 12084; Ruling Date: 04/11/1997; Ruling Judge: Keith Starrett; Majority Opinion: Pittman, P.J. Disposition: Count II: Conviction of possession of cocaine and sentence of three (3) years in the custody of the Mississippi Department of Corrections, and payment of a fine of $3,500.00 and court costs, affirmed. Count V: Reversed and Remanded for a new trial. Lincoln County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Banks, J., McRae, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur.
Pittman, Edwin Lloyd
XX
97-CA-01596-SCT
Matlock, Willie Mack v. State of Mississippi
Newton Circuit Court; LC Case#: 4504; Ruling Date: 11/20/1997; Ruling Judge: Marcus Gordon; Majority Opinion:Pittman, P.J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Newton County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Banks, J., McRae, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur. Specially Concurring Opinion: Roberts, J. Votes: Pittman, P.J., Smith, J., Mills, J., Waller, J., Join.
EN BANC
93-DP-00263-SCT
Holly, William Joseph v. State of Mississippi
Grenada Circuit Court; LC Case#: 6336; Ruling Date: 03/03/1993; Ruling Judge: James Sumner; Disposition: State of Mississippi's Motion to Reset Execution Date, granted. February 17, 1999 is set as the date for execution of the appellant in the manner provided by law. Order entered.
EN BANC
X
95-CT-00906-SCT
Rains, Hazel v. Ginger Gardner and Tina Clark
Wayne Circuit Court; LC Case#: 1953; Ruling Date: 08/17/1995; Ruling Judge: Larry Roberts; Majority Opinion: Mills, J. Disposition: Affirmed. Hazel Rains taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Roberts, J., Smith, J., Waller, J., Concur. McRae, J., Dissents Without Separate Written Opinion.
EN BANC
X
95-CA-00954-SCT
Hankins, Charles Everette v. Sherry Gay Goodson Hankins
Grenada Chancery Court; LC Case#: 9480176; Ruling Date: 08/18/1995; Ruling Judge: Melvin McClure; Majority Opinion:Banks, J. Disposition: The Motion for Rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed in Part: Reversed in Part and Remanded for further proceedings. Appellant and Appellee taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Roberts, J., Smith, J., Concur. Mills, J., Waller, J., Not Participating. McRae, J., CIP/DIP's Without Separate Written Opinion.
EN BANC
96-KA-00938-SCT
Walker, Calvin v. State of Mississippi
Chickasaw Circuit Court 2nd District; LC Case#: OK95036; Ruling Date: 07/24/1996; Ruling Judge: R. Coleman; Disposition: Motion for Rehearing, denied. Smith, J., would grant. Prather, C.J., not participating.
EN BANC
XXX
96-DP-01030-SCT
Watts, James Earnest a/k/a " Squirrel" v. State of Mississippi
Marion Circuit Court; LC Case#: 5920; Ruling Date: 08/09/1996; Ruling Judge: R. Prichard, III; Majority Opinion: McRae, J. Disposition: Conviction of capital murder, affirmed. Sentence of Death, reversed and remanded for proceedings consistent with the Opinion of this Court. Marion County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Mills, J., Waller, J., Concur. Concurring Opinion: Banks, J. Votes: Sullivan, P.J., Pittman, P.J., Waller, J., Join. Dissenting Opinion: Smith, J. Votes: Roberts, J., Joins.
EN BANC
96-DP-01088-SCT
Burns, Joseph Daniel a/k/a "JoJo" Burns v. State of Mississippi
Lee Circuit Court; LC Case#: CR95477; Ruling Date: 09/06/1996; Ruling Judge: Frank Russell; Disposition: Motion for Rehearing, denied. McRae, J., would grant.
EN BANC
96-DP-01088-SCT
Burns, Joseph Daniel a/k/a "JoJo" Burns v. State of Mississippi
Lee Circuit Court; LC Case#: CR95477; Ruling Date: 09/06/1996; Ruling Judge: Frank Russell; Disposition: Appellee's Motion for Modification or Clarification of Opinion, denied. Roberts and Smith, JJ., would grant. Order entered.
EN BANC
96-CA-01351-SCT
State of Mississippi v. Baptist Memorial Hospital-Golden Triangle
Lowndes Circuit Court; LC Case#: 96388CR; Ruling Date: 11/13/1996; Ruling Judge: Lee Howard; Disposition: Motion for Rehearing, denied. Sullivan, P.J., Banks and McRae, JJ., would grant. Prather, C.J., not participating.
EN BANC
97-CT-00043-SCT
Hackney, John Willard v. State of Mississippi
Hancock Circuit Court; LC Case#: 8084; Ruling Date: 03/20/1996; Ruling Judge: Robert Walker; Disposition: Petition for writ of certiorari filed by John Willard Hackney, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Order entered.
EN BANC
97-CT-00064-SCT
White, Jr., Joseph Q., as the Administrator of the Estate of Roger W. Robinson v. Franklin Mills
Jackson Circuit Court; LC Case#: CI950132; Ruling Date: 12/12/1996; Ruling Judge: Bill Jones; Disposition: Petition for writ of certiorari filed by Franklin Mills, granted. To Grant: McRae, Smith, Mills and Waller, JJ. To Deny: Prather, C.J., Sullivan, P.J., Banks and Roberts, JJ. Not Participating: Pittman, P.J. Order entered.
EN BANC
X
97-CA-00182-SCT
Consolidated Pipe & Supply Company, Inc. v. R. D. Colter, Jr., Trustee for the Benefit of Creditors of B. G. Fortenberry Drilling Company, Inc., and Four Rivers Exploration, Inc., Frio Exploration, L. L. C., R. W. Delaney Construction Company, Kaiser Petroleum Products, Lewell Toney, Miss-Lou Pipe
Adams Chancery Court; LC Case#: 96081; Ruling Date: 01/24/1997; Ruling Judge: Kennie Middleton; Majority Opinion:Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Roberts, J., Smith, J., Mills, J., Concur. McRae, J., Dissents Without Separate Written Opinion.
EN BANC
97-CT-00319-SCT
Barnes, Rose and Mary Ann Malley v. Alpha Gulf Coast, Inc. d/b/a Bayou Caddy's Jubilee Casino
Hancock Circuit Court; LC Case#: 950322; Ruling Date: 02/07/1997; Ruling Judge: Robert Walker; Disposition: Petition for writ of certiorari filed by Rose Barnes and Mary Ann Malley, denied. To Deny: All Justices. Order entered.
EN BANC
97-CA-00631-SCT
Rogers, Carolyn v. Robert Terry Pleasant, Jr., Robert Terry Pleasant, Jr., Executor, and Joe Franklin Pleasant
Hinds Chancery Court 2nd District; LC Case#: P10147; Ruling Date: 04/11/1997; Ruling Judge: Denise Owens; Disposition: Motion for Rehearing, denied. McRae, Smith and Mills, JJ., would grant.
EN BANC
XX
97-CA-00638-SCT
Sweatt, Steven Leslie v. Paul Murphy and Therese Murphy
Harrison Circuit Court 1st District; LC Case#: 9500276; Ruling Date: 04/07/1997; Ruling Judge: Robert Walker; Majority Opinion: Prather, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Sullivan, P.J., Pittman, P.J., Banks, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur. Dissenting Opinion: McRae, J.
EN BANC
97-CA-00673-SCT
Burrough, Steven v. Dorothy Hawn and Wesley Hawn
Pike Circuit Court; LC Case#: 950093; Ruling Date: 04/14/1997; Ruling Judge: Mike Smith; Disposition: Motion for Rehearing, denied.
EN BANC
97-CT-00710-SCT
Evans, Emma, Administratrix of the Estate of and Representative of all Heirs at Law, Known and Unknown, of Ronnie Sut ters, deceased v. Oberon Holding Corporation
Hinds Circuit Court 1st District; LC Case#: 941263; Ruling Date: 05/02/1997; Ruling Judge: L. Hilburn, Jr.; Disposition: Petition for writ of certiorari filed by Emma Evans, Administratrix of the Estate of and Representative of all heirs at law, known and unknown, of Ronnie Sutters, deceased, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Roberts, Smith, Mills and Waller, JJ. To Grant: Banks and McRae, JJ. Order entered.
EN BANC
XX
97-CA-00713-SCT
Carrow, Jimmie Rogers v. Betty Jean Carrow
Jackson Chancery Court; LC Case#: 57307; Ruling Date: 05/08/1997; Ruling Judge: Pat Watts, Jr.; Majority Opinion: Banks, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur. Dissenting Opinion: McRae, J. Disposition: Jimmie Rogers Carrow's Motion for Abeyance, denied. Order entered.
EN BANC
97-CA-00770-SCT
Wal-Mart Stores, Inc. v. Thelma A. Howell
Neshoba Circuit Court; LC Case#: 960075; Ruling Date: 03/11/1997; Ruling Judge: Marcus Gordon; Disposition: Motion filed by the Mississippi Defense Lawyers Association for Leave to File Amicus Curiae Brief, granted. Order entered.
EN BANC
97-CA-00770-SCT
Wal-Mart Stores, Inc. v. Thelma A. Howell
Neshoba Circuit Court; LC Case#: 960075; Ruling Date: 03/11/1997; Ruling Judge: Marcus Gordon; Disposition: Motion for Rehearing, denied. Opinion Modified. McRae, J., would grant.
EN BANC
XX
97-CC-00790-SCT
Trading Post, Inc., The v. Shirley A. Nunnery and Mississippi Employment Security Commission
Pike Circuit Court; LC Case#: 960126; Ruling Date: 05/16/1997; Ruling Judge: Keith Starrett; Majority Opinion: Banks, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., McRae, J., Waller, J., Concur. Dissenting Opinion: Mills, J. Votes: Pittman, P.J., Roberts, J., Smith, J., Join.
Sullivan, Michael
97-CA-01098-SCT
Bailey, Richard B. v. Cathy W. Bailey
Lowndes Chancery Court; LC Case#: 960640; Ruling Date: 08/15/1997; Ruling Judge: Dorothy Colom; Disposition: Joint Motion for Voluntary Dismissal, granted. Appeal is hereby dismissed with prejudice. Each party shall bear their own costs. Order entered.
EN BANC
97-BD-01265-SCT
Mississippi State Bar, The v. Attorney III
LC Case#: 93BR1136; Ruling Date: 04/07/1994; Disposition: Motion for Order Revoking Order of Reinstatement filed by The Mississippi Bar, dismissed as moot. To Grant: Pittman, P.J., McRae and Smith, JJ. To Deny: Mills, J. Order entered.
EN BANC
97-CT-01350-SCT
Brown, Ronald and Gloria Brown v. State of Mississippi
Attala Circuit Court; LC Case#: 10235; Ruling Date: 09/23/1997; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by Ronald Brown and Gloria Brown, denied. To Deny: All Justices. Order entered.
EN BANC
XX
98-DR-00708-SCT
Jackson, Jr., Henry Curtis v. State of Mississippi
Leflore Circuit Court; LC Case#: 21817; Ruling Date: 09/14/1991; Ruling Judge: Gray Evans; Majority Opinion: McRae, J. Disposition: The original opinion is withdrawn and this opinion is substituted therefor. Motion for Appointment of Counsel and Payment of Reasonable Litigation Expenses, granted. Remanded to the Leflore County Circuit Court for appointment of counsel for Henry Curtis Jackson, Jr., and consideration of reasonable litigation expenses. Leflore County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Concur. Smith, J., Not Participating. Specially Concurring Opinion: Mills, J. Votes: Roberts, J., Waller, J., Join.
EN BANC
1998-BD-00794-SCT
Mississippi Bar , The v. Walter Turner
Disposition: Motion for Leave of Court to file out of time Response to Formal Complaint and Order to Show Cause filed by Walter Turner, granted. Turner's response previously submitted shall be filed and accepted. McRae, J., would deny. Order entered.
EN BANC
1998-BD-00794-SCT
Mississippi Bar, The v. Walter Turner
Disposition: On Court's own motion, Walter Turner is hereby disbarred from the practice of law in the State of Mississippi and his name shall be immediately stricken from the rolls of The Mississippi Bar; the Clerk of the Supreme Court of Mississippi (the Clerk) shall immediately forward to the attorneys of record for each party herein a copy of this Order of Disbarment and shall send Mr. Turner's copy by certified mail, return receipt requested; the Clerk shall immediately forward an attested copy of this Order of Disbarment to the Clerks of the United States District Court, Northern and Southern Districts of Mississippi, to the Clerk of the United States Court of Appeals for the Fifth Circuit, and to the Clerk of the Supreme Court of the United States; the Clerk shall immediately forward an attested copy of this Order of Disbarment to the judges of the circuit, chancery and county courts of the districts where Turner resides and practices, with instructions to include a copy of it on the minutes of their respective courts; the Clerk shall forward an attested copy of the Order of Disbarment to the Executive Director of The Mississippi Bar; the Bar is entitled to recover from Walter Turner all costs of this disciplinary proceeding, as well as all previously assessed sums. The Bar shall file its motion for costs and expenses with this Court within ten days of entry of this Order; Walter Turner is hereby enjoined from practicing law in Mississippi; from holding himself out as attorney at law; from performing any legal service for others; from accepting any fee for legal services; from appearing as counsel or in any representative capacity in any proceeding in any court of the State of Mississippi, or before any administrative body or agency thereof; from holding himself out to others as or using his name in any manner in conjunction with the phrases "attorney at law," "attorney," "counselor at law," "counselor," or "lawyer," for the period of his disbarment until such time as he shall be reinstated to the practice of law in this state by the Supreme Court of Mississippi; within ten days of receipt of this Order of Disbarment, Walter Turner shall notify in writing each of his Mississippi clients of his disbarment; Walter Turner shall return all files, papers, money and other property belonging to his Mississippi clients, if such clients request same after receiving notification. Within thirty days of receipt of this Order of Disbarment, Walter Turner shall file with this Court an affidavit stating that all files, papers, money and other property belonging to such clients have been returned as ordered herein, and showing in cases where it was not possible to notify such clients or return their property, due diligence was used to do so; within ten days of receipt of this Order of Disbarment, Walter Turner shall notify every attorney and adverse party in any Mississippi proceeding in which he is involved and all affected courts and agencies of his disbarment and inability to act as an attorney; and, within thirty days of receipt of this Order of Disbarment, Walter Turner shall file with this Court an affidavit stating that all attorneys or adverse parties in any proceeding in which he is involved, and all courts and agencies have been notified of his disbarment and consequent inability to act as an attorney. Final Order of Disbarment entered.