Mississippi Supreme Court

Hand Down Lists
February 11, 1999

02/11/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L., Jr.
X 97-KA-00886-SCT

White, Anita a/k/a Michelle v. State of Mississippi Scott Circuit Court; LC Case#: 4788; Ruling Date: 06/17/1997; Ruling Judge: Marcus Gordon; Majority Opinion: Waller, J. Disposition: Reversed and Remanded. Scott County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Roberts, J., Smith, J., Mills, J., Concur.


McRae, Chuck
97-CA-00661-SCT

Parrish, Sandra K. v. Alvin Dean McQuitty Clay Chancery Court; LC Case#: 970065; Ruling Date: 04/21/1997; Ruling Judge: Robert Lancaster; Majority Opinion:McRae, 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., Waller, J., Concur.


McRae, Chuck
XX 97-CA-01411-SCT

Estes, Ilene F. v. Donald Starnes Winston Circuit Court; LC Case#: 940041; Ruling Date: 10/07/1997; Ruling Judge: C. Morgan, III; Majority Opinion: McRae, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Waller, J., Concur. Dissenting Opinion: Smith, J. Votes: Roberts, J., Mills, J., Join.


Pittman, Edwin Lloyd
97-CA-00480-SCT

Burnham, Sid d/b/a Burnham Construction v. Steve Warner and wife, Pat Warner Rankin Circuit Court; LC Case#: 94179; Ruling Date: 01/31/1997; Ruling Judge: Robert Goza, Jr.; Majority Opinion: Pittman, P.J. Disposition: Affirmed. Appellant 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
X 97-KA-00502-SCT

Baldwin, Clint v. State of Mississippi Lowndes Circuit Court; LC Case#: 96440CR1; Ruling Date: 05/14/1997; Ruling Judge: Lee Howard; Majority Opinion: Pittman, P.J. Disposition: Conviction of sale of cocaine and sentence of twenty-eight (28) years in the custody of the Mississippi Department of Corrections, and payment of a fine of $50,000, affirmed. Lowndes County taxed with costs of appeal. Votes: Sullivan, P.J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur. Prather, C.J., Not Participating. Banks, J., McRae, J., Concur in result only .


EN BANC
89-R-99018-SCT

Rules of Professional Conduct, In Re: Disposition: The Mississippi Bar's Petition for Adoption of Proposed Rules 7.6 (a) and (b), Mississippi Rules of Professional Conduct, filed January 21, 1998, and the Mississippi Bar's Amended Petition for (a) Adoption of Proposed Rule 7.6(a) and (b), Mississippi Rules of Professional Conduct and (b) Adoption of Rule 7, Mississippi Rules of Professional Conduct, in Accordance with Final Judgment in Schwartz v. Welch, filed January 15, 1999, granted. Rule 7 of the Mississippi Rules of Professional Conduct shall be amended to read as set forth in Exhibit "A" attached to this order, such amendment to be effective upon entry of this order. The Clerk of this Court shall spread this order on the minutes of the Court and forward a true certified copy of this Order to West Publishing Company for publication in the Southern Reporter, Misissippi Cases and the Mississippi Rules of Court. McRae, J., Would Deny the Petition. Order entered.


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: Holly's Motion to Vacate or Stay Execution Date, granted. The execution date of February 17, 1999, set in the order of this Court entered on January 25, 1999, vacated. Holly's Motion to Resist Setting Execution Date Pending Disposition of Federal Habeas Corpus Petition Pending Since 3/23/98, dismissed as moot. Order entered.


Banks, Fred L., Jr.
X 95-CC-00043-SCT

St. Dominic-Jackson Memorial Hospital and Mississippi Baptist Medical Center v. Mississippi State Department of Health and Methodist Medical Center, Inc. Hinds Chancery Court 1st District; LC Case#: G9434; Ruling Date: 12/08/1994; Ruling Judge: Pat Wise; Disposition: Motion for rehearing, denied. Banks and Roberts, JJ., would grant. Mills and Waller, JJ., not participating. Banks, J., dissents to the denial of the Motion for Rehearing with separate written opinion joined by Roberts, J.


EN BANC
95-CT-00792-SCT

Enterprise Products Company v. Board of Supervisors of Forrest County, Mississippi, and the Petal School District Forrest Circuit Court; LC Case#: 12934154; Ruling Date: 07/15/1995; Ruling Judge: W. O'Barr, Jr.; Disposition: Motion for Rehearing, denied. Waller, J., would grant.


EN BANC
X 96-CT-01215-SCT

McRee, Christopher a/k/a Christopher Hardin McRee a/k/a Chris McRee v. State of Mississippi Lamar Circuit Court; LC Case#: 8101; Ruling Date: 10/04/1996; Ruling Judge: R. Prichard, III; Majority Opinion: Sullivan, P.J. Disposition: Reversed and Rendered. Lamar County taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., McRae, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur.


EN BANC
X 96-CT-01266-SCT

Carr, Agnes v. Town of Shubuta Clarke Circuit Court; LC Case#: 940099; Ruling Date: 08/28/1996; Ruling Judge: Larry Roberts; Majority Opinion: McRae, J. Disposition: Reversed and Remanded. Town of Shubuta taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur.


EN BANC
96-CT-01341-SCT

Penton, Gleness v. Michelle Bart Harrison Circuit Court 1st District; LC Case#: 9400239; Ruling Date: 04/05/1996; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for Writ of Certiorari filed by Gleness Penton, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., and Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Order entered.


EN BANC
XX 97-KA-00373-SCT

Clemons, Jr., Kenneth a/k/a Kenneth C. Clemons, Jr. v. State of Mississippi Neshoba Circuit Court; LC Case#: 8529; Ruling Date: 03/12/1997; Ruling Judge: Marcus Gordon; Majority Opinion: Prather, C.J. Disposition: Count I. Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, affirmed. Count II. Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, affirmed. Count III. Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, affirmed. Sentence in Count I and Count II shall run consecutively, and Count III shall run concurrently with Counts I and II. Neshoba County taxed with costs of appeal. Votes: Pittman, P.J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur. Dissenting Opinion: McRae, J. Votes: Sullivan, P.J., Banks, J., Join.


EN BANC
97-CT-00498-SCT

Mims, Albert v. State of Mississippi Jones Circuit Court 2nd District; LC Case#: 9781; Ruling Date: 04/15/1997; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by the State of Mississippi, denied. To Deny: All Justices. Order entered.


EN BANC
97-CP-01202-SCT

Smith, Donald E. v. State of Mississippi Sunflower Circuit Court; LC Case#: 970057M; Ruling Date: 08/13/1997; Ruling Judge: Gray Evans; Disposition: Motion for Rehearing, denied.


EN BANC
X 98-CC-00352-SCT

Mississippi Commission on Judicial Performance v. Justice Court Judge R. R. Judicial Performance Commission; LC Case#: 96185; Ruling Date: 02/24/1998; Ruling Judge: Erik Lowrey; Majority Opinion: Waller, J. Disposition: Justice Court Judge R.R. shall be privately reprimanded and assessed all costs. Justice Court Judge R.R. taxed with all costs of this appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Roberts, J., Smith, J., Mills, J., Concur. McRae, J., Not Participating.


EN BANC
98-DR-00517-SCT

Simon, Jr., Robert v. State of Mississippi Quitman Circuit Court; LC Case#: 5114; Ruling Judge: Thomas Pearson; Disposition: Simon's Motion for Appointment of Counsel to Assist Petitioner in Seeking Post-Conviction Relief, granted. This matter is remanded to the Quitman County Circuit Court for appointment of counsel in light of this Court's decision in Henry Curtis Jackson, Jr. v. State, 98-DR-00708-SCT (Miss. Jan. 28, 1999). Appointed counsel shall have thirty days from date of appointment to file any additional request for post- conviction relief with this Court. Order entered.