Hand Down Lists
January 30, 1997
James L. Roberts Jr., J.
UU
89-KA-00247-SCT
Bosarge, Jr., Ansel and Eddie Steve Ellis v. State of Mississippi
Appeal No. 8810027 from Judgment dated JANUARY 23, 1989, Jackson County Circuit Court; WRITTEN OPINION - Application for Post Conviction Relief denied. Banks, J., Dissents with Separate Written Opinion joined by Prather and Sullivan, P.JJ.
Michael P. Mills, J.
X
93-KA-00581-SCT
Herrington, David v. State of Mississippi
Appeal No. 8449 from Judgment dated APRIL 01, 1993, Simpson County Circuit Court; Reversed and Remanded for a New Trial. Smith, J., Not Participating. Simpson County is taxed with all costs of this appeal. DISPOSITION - Motion to Expedite/Advance filed by David Herrington dismissed as moot. Order entered.
Michael P. Mills, J.
U
93-KP-01113-SCT
Owens, Darrilyn v. State of Mississippi
Appeal No. 46992 from Judgment dated SEPTEMBER 07, 1993, Lauderdale County Circuit Court; Conviction of delivery of cocaine and Sentence of twenty (20) years in the custody of the Mississippi Department of Corrections and payment of a $5,000.00 fine, costs and fees with conditions Affirmed. Lee, C.J., Concurs in result only. Lauderdale County is taxed with all costs of this appeal.
Michael P. Mills, J.
U
94-CC-00328-SCT
Okonuren, Olufemi, M. D. a/k/a Olufemi Olusola Okunoren, M. D. v. Mississippi State Board of Medical Licensure
Appeal No. 146940 from Judgment dated MARCH 22, 1994, Hinds County Chancery Court, First Judicial District; Affirmed. Banks, J., Not Participating. Appellant is taxed with all costs of this appeal.
Michael P. Mills, J.
U
95-CA-00470-SCT
E. C.: IN THE INTEREST OF S.C., P.C., W.C., N.C. and M.C., Minor Children v. Yazoo County Department of Human Services
Appeal No. 788 from Judgment dated APRIL 13, 1995, Yazoo County County Court Youth Court Division; Dismissed as moot. Yazoo County is taxed with all costs of this appeal. DISPOSITION - Motion to Strike Appellant's Reply Brief and the Motion to Exclude Appellant's Response dismissed as moot. Order entered.
James W. Smith, J.
U
94-CA-00004-SCT
Shell Oil Company, Shell Western E & P, Inc., and Shell Onshore Partnership v. Anderson Tully Company
Appeal No. 7018 from Judgment dated NOVEMBER 23, 1993, Jefferson County Chancery Court; Judgment Affirmed. Mills, J., Concurs in result only. Appellant is taxed with all costs of this appeal.
James W. Smith, J.
XX
94-CA-00320-SCT
Starcher, Sharilynn and Elton Starcher v. Dr. David Byrne
Appeal No. 21104 from Judgment dated JANUARY 24, 1994, Harrison County Circuit Court, First Judicial District; Judgment Affirmed. McRae, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal.
Lenore L. Prather, P.J.
UU
93-KP-01319-SCT
Baker, Emmitt a/k/a Emmitt Sterling Baker a/k/a Elliott Baker v. State of Mississippi
Appeal No. 9212677 from Judgment dated OCTOBER 04, 1993, Leflore County Circuit Court; Denial of Post-Conviction Relief Affirmed. Leflore County is taxed with all costs of this appeal.
Lenore L. Prather, P.J.
U
94-KA-01258-SCT
Lewellen, Billy D. v. State of Mississippi
Appeal No. CV940162 from Judgment dated DECEMBER 06, 1994, Panola County Circuit Court, Second Judicial District; Denial of Post-Conviction Relief Affirmed. Appellant is taxed with all costs of this appeal.
Dan M. Lee, C.J.
X
93-CA-01086-SCT
Sarver, Marie J. v. Roy C. Sarver
Appeal No. 18413 from Judgment dated AUGUST 24, 1993, Pontotoc County Chancery Court; Affirmed on Direct Appeal and on Cross Appeal. Appellant is taxed with all costs of this appeal.
EN BANC
92-KA-00475-SCT
Hunt, Tina Marie v. State of Mississippi
Appeal No. 8799 from Judgment dated DECEMBER 04, 1991, Marshall County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., Pittman, Banks and McRae, JJ., would grant.
EN BANC
92-CT-01167-SCT
Bass, George a/k/a George Lamb v. State of Mississippi
Appeal No. 912481 from Judgment dated OCTOBER 13, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by George Bass denied. To Deny: All Justices. Order entered.
EN BANC
93-DP-00418-SCT
Russell, Willie v. State of Mississippi
Appeal No. 10130 from Judgment dated MARCH 04, 1993, Sunflower County Circuit Court; WRITTEN OPINION - Motion for Stay of Execution filed on behalf of Willie Russell denied. The execution of his sentence shall proceed according to law. To Deny the Motion for Stay of Execution: Lee, C.J., McRae, Roberts, Smith and Mills, JJ. To Grant the Motion for Stay of Execution: Prather and Sullivan, P.JJ., Pittman and Banks, JJ. Banks, J., files a Separate Written Statement dissenting from the Order Denying Stay of Execution. Order entered. WRITTEN OPINION - Russell's Motion for Reconsideration of Order denying the Motion for Appointment of Counsel and Motion for Stay of Execution denied. To Deny: Lee, C.J., McRae, Roberts, Smith and Mills, JJ. To Grant: Prather and Sullivan, P.JJ., Pittman and Banks, JJ. Banks, J., files a Separate Written Statement dissenting from the Order Denying Motion for Reconsideration of Denial of Motions for Stay of Execution and Appointment of Counsel. Order entered.
EN BANC
93-DP-00534-SCT
Blue, David v. State of Mississippi
Appeal No. 22123 from Judgment dated APRIL 02, 1993, LeFlore County Circuit Court; DISPOSITION - Appellee's motion to set an execution date dismissed as moot. Order entered.
EN BANC
XX
93-CT-00829-SCT
Vulcan Materials Company v. Edward E. Miller
Appeal No. 11944 from Judgment dated AUGUST 09, 1993, Tishomingo County Chancery Court; Judgment is Affirmed. Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Smith, JJ., Concur. McRae, J., Concurs in result only. Dan Lee, C.J., Dissents with Separate Opinion joined by Mills, J. Appellant is taxed with all costs of this appeal.
EN BANC
94-CT-00355-SCT
McCoy, Alma, Administratrix of the Estate of Earnest Selby McCoy v. South Central Bell Telephone Company
Appeal No. 912871 from Judgment dated MARCH 25, 1994, Prentiss County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., and McRae, J., would grant. Prather, P.J., Not Participating.
EN BANC
94-CT-00496-SCT
Brown, Tyree W. v. Dow Chemical Company and Sonford Products Corporation
Appeal No. 26606 from Judgment dated APRIL 12, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Brown's Motion for Leave to Proceed in Forma Pauperis denied. Order entered. DISPOSITION - Request for Declaratory Relief and Judgment filed by Tyree W. Brown denied. Order entered. DISPOSITION - Petition for Writ of Certiorari filed by Tyree W. Brown denied. To Deny: All Justices. Order entered.
EN BANC
X
94-KA-00565-SCT
Collins, James Lee v. State of Mississippi
Appeal No. 93103BT from Judgment dated JUNE 06, 1994, Tate County Circuit Court; Conviction of capital rape and Sentence of life in the custody of the Mississippi Department of Corrections Affirmed. Appellant is given credit for three days jail time. Smith, J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts and Mills, JJ., Concur. Lee, C.J., Concurs in result only. Appelant is taxed with all costs of this appeal.
EN BANC
94-CT-00837-SCT
Harris, Roger B. v. State of Mississippi
Appeal No. 94118 from Judgment dated AUGUST 02, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Roger B. Harris granted. To Grant: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, McRae, Roberts, Smith and Mills, JJ. Not Participating: Banks, J. Order entered.
EN BANC
XX
95-BR-01160-SCT
In Re: Petition of Donald W. Medley for Reinstatement to Practice Law
Appeal No. 89BA128 from Judgment dated JULY 01, 1992, Supreme Court; Petition to reinstate Donald W. Medley to practice law granted contingent on his passage of the Mississippi Bar Exam and Multi-State Professional Responsibility Exam. Mills, J., Lee, C.J., Pittman, Banks, Roberts and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion. Prather and Sullivan, P.JJ., Not Participating. Petitioner is taxed with all costs of this appeal.
EN BANC
X
96-CC-00435-SCT
Mississippi Commission on Judicial Performance v. John W. Whitten, III
Appeal No. 95116 from Judgment dated APRIL 23, 1996, Commission On Judicial Performance; Affirmed. John W. Whitten, III, will be publicly reprimanded on March 4, 1997, at 9:30 a.m., fined $2,500.00 and assessed all costs. Lee, C.J., Prather and Sullivan, P. JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Not Participating. Whitten is taxed with all costs of this appeal. Order entered.