Mississippi Supreme Court

Hand Down Lists
February 12, 1998

02/12/1998 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
U 97-CA-00322-SCT

Mays, Marvin B. v. State of Mississippi Appeal No. 24782 from Judgment dated FEBRUARY 07, 1997, Washington County Circuit Court; Denial of Post-Conviction Relief Affirmed. Washington County is taxed with all costs of this appeal.


Fred L. Banks, J.
U 95-CA-00593-SCT

Tokman, George David v. State of Mississippi Appeal No. 251941099 from Judgment dated MAY 09, 1995, Hinds County Circuit Court, First Judicial District; Denial of Post Conviction Relief Affirmed. Hinds County is taxed with all costs of this appeal.


Fred L. Banks, J.
U 97-CA-00491-SCT

Blackwell, Thomas Clinton a/k/a "Tommy" v. State of Mississippi Appeal No. 8410 from Judgment dated FEBRUARY 26, 1997, Coahoma County Circuit Court; Denial of Post Conviction Relief Affirmed. Coahoma County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 96-CA-00568-SCT

Par Industries Inc., d/b/a Flexible Flyer Company v. Target Container Company, an Alabama Corporation, and Jack Kellerman Appeal No. 11354 from Judgment dated DECEMBER 22, 1995, Clay County Circuit Court; Affirmed. McRae, J., Concurs in Result only. Appellant is taxed with all costs of this appeal.


EN BANC
89-R -99011-SCT

In Re: Mandatory Continuing Legal Education Rules (CLE) DISPOSITION - Petition of the Mississippi Commission on Continuing Legal Education seeking amendment of Regulation 3.12 of the Rules and Regulations for Mandatory Continuing Legal Education granted. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a certified copy to West Publishing Company to be published in the forthcoming issue of the Southern Reporter (Mississippi Edition) and in the Mississippi Rules of Court. Order entered.


EN BANC
93-CT-00941-SCT

Turner, Wilson L. v. A. L. Turner, Carl W. Turner, Thomas R. Turner, James T. Turner, Dorothy Turner Smith, Celeste Turner Shoemake, Vernice T. Craft, Vastie Turner Robertson, Randall B. Turner, William A. Turner, Wanda L. Jeffcoat and John W. Turner Appeal No. 43504A from Judgment dated MARCH 22, 1993, Jones County Chancery Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Wilson L. Turner denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Not Participating: Waller, J. Order entered.


EN BANC
95-CT-00121-SCT

Murrell, Donald L. a/k/a Donald Leroy Murrell, Jr. and Jack Eugene Eaton v. State of Mississippi Appeal No. 9410046 from Judgment dated AUGUST 02, 1994, Jackson County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Jack Eugene Eaton 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
95-KA-00271-SCT

Collins, Sharlet Belton v. City of Hazlehurst, Mississippi Appeal No. 14693 from Judgment dated FEBRUARY 23, 1995, Copiah County Circuit Court; DISPOSITION - Motion for Rehearing Denied. Prather, C.J., Banks and McRae, JJ., Would Grant. Waller, J., Not Participating. Opinion modified.


EN BANC
95-CT-00440-SCT

Sims, Eddie and Mississippi Materials Company v. Lawrence Minor Appeal No. 16127 from Judgment dated FEBRUARY 23, 1995, Warren County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Eddie Sims and Mississippi Materials Company denied. To Deny: All Justices. Order entered.


EN BANC
95-CT-00841-SCT

Cauthen, Charlie a/k/a "Toothpick" a/k/a Charlie Everette Cauthen, Jr. v. State of Mississippi Appeal No. CR940072 from Judgment dated AUGUST 01, 1995, Panola County Circuit Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Charlie Cauthen denied. To Deny: All Justices. Order entered.


EN BANC
XX 95-DP-00866-SCT

Underwood, Justin v. State of Mississippi Appeal No. 2246 from Judgment dated MAY 25, 1995, Madison County Circuit Court; PART ONE: Conviction of capital murder Affirmed. Sullivan, P.J., Prather, C.J., Pittman, P.J., Banks, Roberts, Smith and Mills, JJ., Concur. McRae and Waller, JJ., Not Participating. PART TWO: Sentence of death by lethal injection Affirmed. Execution date to be set within sixty days of final disposition of this case pursuant to Miss. Code Ann. Section 99-19-105(7)(1972) and M.R.A.P. 41(a). Mills, J., Prather, C.J., Pittman, P.J., Roberts and Smith, JJ., Concur. Sullivan, P.J., Dissents as to Part Two with Separate Written Opinion joined by Banks, J. McRae and Waller, JJ., Not Participating. Madison County is taxed with all costs of this appeal.


EN BANC
95-CT-00885-SCT

Washington, Bob v. State of Mississippi Appeal No. 4430 from Judgment dated FEBRUARY 23, 1995, Rankin County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Bob Washington denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Roberts, Smith and Mills, JJ. Not Participating: Waller, J. Order entered.


EN BANC
95-CT-01115-SCT

Hogan, John Metric v. State of Mississippi Appeal No. 13335 from Judgment dated JULY 31, 1995, Oktibbeha County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by John Metric Hogan denied. To Deny: All Justices. Order entered.


EN BANC
96-CT-00070-SCT

Mississippi Power & Light Company v. Mississippi State Tax Commission Appeal No. 154263 from Judgment dated JANUARY 10, 1996, Hinds County Chancery Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Mississippi Power & Light Company denied. To Deny: Sullivan and Pittman, P.JJ., Banks, McRae, Roberts, Smith, Mills and Waller, JJ. Not Participating: Prather, C.J. Order entered. DISPOSITION - Petition for Writ of Certiorari filed by Mississippi Tax Commission denied. To Deny: Sullivan and Pittman, P.JJ., McRae, Roberts, Smith, Mills and Waller, JJ. To Grant: Banks, J. Not Participating: Prather, C.J. Order entered.


EN BANC
96-CT-00561-SCT

Schiele, Dartha J. and Clyde K. Schiele v. United Services Automoblie Association Appeal No. 10558 from Judgment dated MAY 01, 1996, Grenada County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Dartha J. Schiele and Clyde K. Schiele 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
96-CC-00921-SCT

Clancy's Lawn Care & Landscaping, Inc. v. Mississippi State Board of Contractors Appeal No. 960989 from Judgment dated AUGUST 09, 1996, Jackson County Chancery Court; DISPOSITION - Appellee's Motion for Reconsideration of Non-Publication granted. The previous unpublished opinion shall be withdrawn and the published opinion is substituted therefor. Order entered.


EN BANC
96-KA-01132-SCT

Brasington, Stephen a/k/a Stephen H. Brasington, Jr. v. State of Mississippi Appeal No. 9510629 from Judgment dated AUGUST 30, 1996, Jackson County Circuit Court; DISPOSITION - State's Motion to Dismiss Appeal denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae and Waller, JJ. To Grant: Roberts, Smith and Mills, JJ. Order entered.


EN BANC
97-CA-00551-SCT

Pilcher, James v. State of Mississippi Appeal No. 97003 from Judgment dated MARCH 26, 1997, Carroll County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing Denied.