Mississippi Supreme Court

Hand Down Lists
February 06, 1997

02/06/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
U 94-CA-00852-SCT

James, Sr, Christopher Q.: IN THE MATTER OF THE HEIRS AT LAW AND NEXT OF KIN OF: Shaterical N. E. Richards v. Victoria D. James, Danesha R. James, Christal Q. James, and Christopher Q. James, Jr. Appeal No. 25088 from Judgment dated JULY 27, 1994, Sunflower County Chancery Court; Affirmed. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
U 95-CA-01242-SCT

Caples, Edgar v. Gwendolyn Ratliff Caples Appeal No. 152863 from Judgment dated NOVEMBER 16, 1995, Hinds County Chancery Court, First Judicial District; Reversed and Rendered. Appellee is taxed with all costs of this appeal.

James L. Roberts Jr., J.
U 94-KP-00571-SCT

Alexander, Andrew a/k/a Andrew Lee Alexander v. State of Mississippi Appeal No. 8207 from Judgment dated JUNE 27, 1994, Coahoma County Circuit Court; Lower Court's Denial of Post Conviction Relief Affirmed. Banks, J., Concurs in result only. Appellant is taxed with all costs of this appeal.

James L. Roberts Jr., J.
U 94-KA-00869-SCT

Dantzler, Christopher v. State of Mississippi Appeal No. 763 from Judgment dated JULY 15, 1994, Jasper County Circuit Court, First Judicial District; Lower Court's Denial of Post Conviction Relief Affirmed. Jasper County is taxed with all costs of this appeal.

Chuck McRae, J.
U 94-KP-00414-SCT

Mason, III, Lee a/k/a Lee Mason a/k/a John Montgomery a/k/a Lee Mason Montgomery a/k/a Joseph Mason v. State of Mississippi Appeal No. 9322520 from Judgment dated MARCH 25, 1994, Harrison County Circuit Court, First Judicial District; Lower Court's Denial of Post-Conviction Relief Affirmed. Harrison County is taxed with all costs of this appeal.

Chuck McRae, J.
U 94-CA-01101-SCT

Lane, Ruth M. v. James B. Lane Appeal No. 94052 from Judgment dated OCTOBER 18, 1994, Marshall County Chancery Court; Affirmed. Appellant is taxed with all costs of this appeal.

Fred L. Banks, J.
U 94-KP-00799-SCT

Palmer, Charles a/k/a Charles Edward Palmer v. State of Mississippi Appeal No. 25194752 from Judgment dated JULY 26, 1994, Hinds County Circuit Court, First Judicial District; Lower Court's Denial of Post-Conviction Relief Affirmed. Hinds County is taxed with all costs of this appeal.

Edwin Lloyd Pittman, J.
U 93-CC-00599-SCT

Townsend, Arthur v. Noxubee County School Board Appeal No. 11902 from Judgment dated MARCH 24, 1993, Noxubee County Chancery Court; Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.

Edwin Lloyd Pittman, J.
X 93-CA-00876-SCT

Murriel, Debrah, Guardian and Natural Mother of Kimberly Murriel, a Minor v. Alfa Insurance Company Appeal No. 9375140 from Judgment dated JULY 30, 1993, Hinds County Circuit Court, First Judicial District; Reversed and Remanded for proceedings not inconsistent with the Opinion of this Court. Mills, J., Not Participating. Appellee is taxed with all costs of this appeal. DISPOSITION - Appellant's Subsequent Motion to Supplement Record on Appeal granted. See Opinion of this Court.

Edwin Lloyd Pittman, J.
U 93-KA-01374-SCT

Douglas, Jeff v. State of Mississippi Appeal No. 5251 from Judgment dated MARCH 24, 1993, Quitman County Circuit Court; Conviction of sexual battery and Sentence of twenty (20) years, five (5) years suspended after appellant has served fifteen (15) years, with conditions, in the custody of the Mississippi Department of Corrections Affirmed. Quitman County is taxed with all costs of this appeal.

Edwin Lloyd Pittman, J.
X 95-CA-00618-SCT

Grace, Jr., Willie v. Department of Human Services Appeal No. 940980 from Judgment dated MAY 24, 1995, Lauderdale County County Court; Reversed and Remanded. Appellee is taxed with all costs of this appeal.

Michael Sullivan, P.J.
X 94-CA-01152-SCT

Love, Dianne J. v. Randy S. Love Appeal No. 151904 from Judgment dated OCTOBER 10, 1994, Hinds County Chancery Court, First Judicial District; Affirmed. Appellant is taxed with all costs of this appeal.

Lenore L. Prather, P.J.
XX 93-CC-00855-SCT

Hale, Frankie Lee v. Ruleville Health Care Center and The Travelers Insurance Company Appeal No. 9315593B from Judgment dated JUNE 28, 1993, Sunflower County Circuit Court; Reversed. The ruling of the Workers' Compensation Commission is reinstated. McRae, J., Specially Concurs with Separate Written Opinion joined by Sullivan, P.J. Appellee is taxed with all costs of this appeal.

EN BANC
90-DP-00927-SCT

Conner, Ronnie Lee v. State of Mississippi Appeal No. 13490 from Judgment dated JULY 27, 1990, Lauderdale County Circuit Court; DISPOSITION - State's Motion to Reset Execution Date granted. Wednesday, March 5, 1997, is hereby set as the date for execution of the Appellant in the manner provided by law. Order entered.

EN BANC
XXXXX 92-CT-00297-SCT

Harris, Leo v. State of Mississippi Appeal No. 10670P from Judgment dated MARCH 10, 1992, Warren County Circuit Court; Affirmed. Smith, J., Prather, P.J., Roberts and Mills, JJ., Concur. Dan Lee, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion. http://www.mslawyer2.com/mssc/cases/970206/92e00297.htmlMcRae, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined in part by Lee, C.J. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and in part by Lee, C.J., and McRae, J. Warren County is taxed with all costs of this appeal.

EN BANC
93-CA-00148-SCT

Wilbourn, R. E. v. Stennett, Wilkinson & Ward, a Professional Corporation and Gene A. Wilkinson, J. Stephen Wright, James C. Martin, James R. Mozingo, Stanley Q. Smith, Mark A. Carlson, Erwin C. Ward, Individually, Jointly and Severally Appeal No. 9064008 from Judgment dated JANUARY 19, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Banks, J., Not Participating.

EN BANC
93-CT-00676-SCT

Brewer, III, Herbert L. v. State of Mississippi Appeal No. 92034 from Judgment dated JUNE 07, 1993, Lee County Circuit Court; DISPOSITION - On Court's own motion and in accordance with M.R.A.P. 17, the respondent in this case, the State of Mississippi, by and through Deirdre McCrory for the Attorney General's office, shall file a response to the Petition for Writ of Certiorari within fifteen (15) days from entry of this order. Order entered. DISPOSITION - On Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of this petition under M.R.A.P. 17(e) is extended until April 17, 1997. Order entered.

EN BANC
93-CT-01084-SCT

Banks, Ricky and Wayne Fondren v. E.L.G., a Minor, who sues by and through her Mother and Next Friend, C.A.G., and her Grandparents and Legal Custodians, C.N. and A.N. Appeal No. 9234 from Judgment dated JUNE 24, 1993, Chickasaw County Circuit Court, First Judicial District; DISPOSITION - On Court's own motion, Dan H. Fairley, within fifteen days of entry of this order, shall show cause why a response to the order entered on December 12, 1996, has not been delivered to the Clerk of this Court and why sanctions should not be imposed for his failure to obey the order of this Court. Order enterd. DISPOSITION - On Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of this petition under M.R.A.P. 17(e) is extended until April 19, 1997. Order entered.

EN BANC
94-CT-00470-SCT

Bradley, Lloyd a/k/a Lloyd James Bradley a/k/a Floyd James Bradley a/k/a "Kilos" a/k/a Lloyd James Tally v. State of Mississippi Appeal No. 1616 from Judgment dated FEBRUARY 25, 1992, Stone County Circuit Court; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: All Justices. Order entered.

EN BANC
94-CT-01141-SCT

Henderson, Howard Hugh v. Mary K. Lawson Henderson Appeal No. 032416 from Judgment dated OCTOBER 12, 1994, Madison County Chancery Court; DISPOSITION - Appellant's Petition for Writ of Certiorari granted. To Grant: Lee, C.J., Pittman, Banks and McRae, JJ. To Deny: Prather, P.J., Roberts, Smith and Mills, JJ. Not Participating: Sullivan, P.J. Order entered.

EN BANC
95-CT-00403-SCT

Helbert, Rachell E., by and through her Mother and Next Friend, Lois Helbert v. Big B, Inc. Appeal No. 9400064 from Judgment dated APRIL 07, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Order entered.

EN BANC
X 95-CA-00578-SCT

Carson, Walter v. Edward Hargett, Superintendent, Mississippi State Penitentiary; Christopher Epps, Director, Offender Services, Mississippi State Penitentiary; and Earl Jackson, Case Manager Supervisor of Area V Appeal No. 950039 from Judgment dated APRIL 24, 1995, Sunflower County Circuit Court; DISPOSITION - Appellees' Motion to Publish granted. The original unpublished opinion is withdrawn and a published opinion is substituted therefor. Lee, C.J., Concurs in result only.

EN BANC
95-CT-00776-SCT

Alexander, Anthony v. Bradford Seafood Company Appeal No. 9500172 from Judgment dated JULY 07, 1995, Harrison County Circuit Court, First Judicial District; Bradford Seafood Company's Petition for Writ of Certiorari dismissed as improvidently granted. Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Order entered.

EN BANC
95-KP-00895-SCT

Powell, Jimmy a/k/a Jamel Hobson a/k/a Jimmy Hobson v. State of Mississippi Appeal No. 13388 from Judgment dated JUNE 29, 1995, Copiah County Circuit Court; DISPOSITION - Motion for Rehearing denied.

EN BANC
X 96-CC-00507-SCT

Mississippi Commission on Judicial Performance v. Frank A. Russell Appeal No. 94146 from Judgment dated MAY 10, 1996, Commission On Judicial Performance; Affirmed. Frank A. Russell shall be publicly reprimanded on March 4, 1997, at 9:30 a.m., fined $1,500.00 and assessed all costs. Smith, J., Prather and Sullivan, P.JJ., Pittman and Banks, JJ., Concur. Lee, C.J., Concurs in result only. McRae, Roberts and Mills, JJ., Not Participating. Russell is taxed with all costs of this appeal. Order entered. DISPOSITION - Respondent's Motion to Expedite Case on Docket dismissed as moot. Order entered.

EN BANC
96-BD-01125-SCT

Mississippi Bar v. Robert William Martin Appeal No. 96BD1125 from Judgment dated OCTOBER 17, 1996; Martin's Motion to Hold in Abeyance denied. Order entered. Robert William Martin is hereby suspended from the practice of law. Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Robert William Martin is taxed with all costs of this appeal. Order of Suspension entered.