Mississippi Supreme Court

Hand Down Lists
February 13, 1997

02/13/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
XX 94-CA-00276-SCT

USPCI of Mississippi, Inc. and Kirk Fordice, In His Official Capacity as Governor of the State of Mississippi v. State of Mississippi Ex Rel. Deirdre S. McGowan and Deirdre S. McGowan, Individually Appeal No. 9377196 from Judgment dated MARCH 16, 1994, Hinds County Circuit Court, First Judicial District; Reversed and Rendered. McRae, J., Dissents with Separate Written Opinion. Appellee is taxed with all costs of this appeal.


James L. Roberts Jr., J.
XX 94-KA-00397-SCT

Bounds, Kenneth Leon v. State of Mississippi Appeal No. 21293 from Judgment dated APRIL 22, 1994, Lauderdale County Circuit Court; Reversed and Remanded. Mills, J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion. Smith, J., Not Participating. Lauderdale County is taxed with all costs of this appeal.


James L. Roberts Jr., J.
UU 95-CA-00413-SCT

Penrod, Leonna v. Craig Reiselt Appeal No. 94101 from Judgment dated MARCH 21, 1995, Marshall County Chancery Court; Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
U 95-CA-01300-SCT

Jackson, Daryl v. Kathy Jackson Appeal No. 950343 from Judgment dated NOVEMBER 16, 1995, Warren County Chancery Court; Affirmed in Part; Reversed and Remanded in Part. Appellant and Appellee are taxed equally with all costs of this appeal. DISPOSITION - Motion for Assessment of Attorneys' Fees denied. Order entered.


Chuck McRae, J.
U 95-KP-00589-SCT

Magnusen, Frank Anthony v. State of Mississippi Appeal No. 950001 from Judgment dated MARCH 01, 1995, Harrison County Circuit Court, Second Judicial District; Lower Court's Denial of Post-Conviction Relief Affirmed. Harrison County is taxed with all cost of this appeal.


Chuck McRae, J.
U 95-CA-01348-SCT

Strub, Donald Francis v. Nina King Strub Appeal No. 119079 from Judgment dated OCTOBER 31, 1995, Hinds County Chancery Court, First Judicial District; Affirmed. Appellant is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
U 93-KA-00792-SCT

Stewart, Robert v. State of Mississippi Appeal No. 13978 from Judgment dated JULY 09, 1993, Pike County Circuit Court; COUNT I: Conviction of sexual battery and Sentence of ten (10) years in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of sexual battery and Sentence of ten (10) years in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run consecutively with the sentence in Count I. COUNT III: Conviction of fornication between persons forbidden to intermarry and Sentence of five (5) years in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run concurrently with sentences in Counts I and II. Payment of all costs affirmed. Appellant is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
U 93-KA-00904-SCT

Smith, Jr., Andrew v. State of Mississippi Appeal No. LK92127 from Judgment dated JULY 15, 1993, Lafayette County Circuit Court; Conviction of murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Lafayette County is taxed with all cost of this appeal.


Edwin Lloyd Pittman, J.
X 93-KA-01183-SCT

Herring, Rico v. State of Mississippi Appeal No. CR90118CP2 from Judgment dated OCTOBER 08, 1993, Panola County Circuit Court, Second Judicial District; COUNT I: Conviction of conspiracy to sell cocaine and Sentence of twenty (20) years in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of sale of cocaine and Sentence of thirty (30) years in the custody of the Mississippi Department of Corrections Affirmed. Sentence shall run consecutively with the sentence imposed in Count I. COUNT III: Conviction of sale of cocaine and Sentence of thirty (30) years in the custody of the Mississippi Department of Corrections Affirmed. Sentence shall run consecutively with the sentence imposed in Count II. Appellant shall pay a lab fee in the amount of $200.00 and all costs. Appellant is given credit for 176 days time served. Lee, C.J., and Sullivan, P.J., Concur in result only. Panola County is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
U 94-KA-00194-SCT

Barnes, Jacqueline Ann and Dennis Ray Fleming v. State of Mississippi Appeal No. 9908 from Judgment dated FEBRUARY 15, 1994, Adams County Circuit Court; AS TO FLEMING: COUNT I: Conviction of capital murder and Sentence of life imprisonment, as an habitual offender without benefit of parole or probation, in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of capital murder and Sentence of life imprisonment, as an habitual offender without benefit of parole or probation, in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run consecutively with the sentence in Count I. Count III: Conviction of capital murder and Sentence of life imprisonment, as an habitual offender without benefit of parole or probation, in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run consecutively with the sentences in Counts I and II. COUNT IV: Conviction of capital murder and Sentence of life imprisonment, as an habitual offender without benefit of parole or probation, in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run consecutively with the sentences in Counts I, II and III. COUNT V: Conviction of capital murder and Sentence of life imprisonment, as an habitual offender without benefit of parole or probation, in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run consecutively with the sentences in Counts I, II, III and IV. AS TO BARNES: COUNT I: Conviction of capital murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of capital murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run consecutively with the sentence in Count I. COUNT III: Conviction of capital murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run consecutively with the sentences in Counts I and II. COUNT IV: Conviction of capital murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run concurrently with the sentences in Counts I, II and III. COUNT V: Conviction of capital murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run concurrently with the sentences in Counts I, II, III and IV. Adams County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 92-KP-01012-SCT

Stewart, Joe v. State of Mississippi Appeal No. 92024CV1 from Judgment dated SEPTEMBER 04, 1992, Lowndes County Circuit Court; Lower Court's Denial of Post-Conviction Relief Affirmed. Lowndes County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 94-CA-00829-SCT

Wilson, Shanna Curtis v. Southern Farm Bureau Insurance Company and Nelson Miller Appeal No. 89470 from Judgment dated JULY 19, 1994, Marshall County Chancery Court; Affirmed. Mills, J., Not Participating. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
XX 94-CA-00394-SCT

Board of Trustees of the Jackson Public School District v. Bishop Earl Knox Appeal No. G9412 from Judgment dated APRIL 22, 1994, Hinds County Chancery Court, First Judicial District; Reversed and Rendered. Dan Lee, C.J., Dissents with Separate Written Opinion joined by Roberts and Smith, JJ. Mills, J., Not Participating. Appellee is taxed with all costs of this appeal.


Dan M. Lee, C.J.
U 94-CC-01296-SCT

Bankston, Mary B. v. Mississippi Employment Security Commission Appeal No. 7051 from Judgment dated NOVEMBER 21, 1994, Smith County Circuit Court; Affirmed. Appellant is taxed with all costs of this appeal.


EN BANC
92-DP-00542-SCT

Davis, Kenneth L. v. State of Mississippi Appeal No. F73 from Judgment dated MARCH 15, 1991, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellant's pro se Motion to Dismiss Trial and Appellant [sic] Counsel granted. To Grant: Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Mills, JJ. To Deny: Lee, C.J. Not Participating: McRae and Smith, JJ. Order entered.


EN BANC
XX 93-CA-00334-SCT

Edwards, Jack and Dot Edwards v. Wurster Oil Co., Inc. Appeal No. 13252 from Judgment dated MARCH 01, 1993, Leake County Chancery Court; Affirmed. Banks, J., Prather and Sullivan, P.JJ., Roberts and Smith, JJ., Concur. Lee, C.J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion joined by Pittman and Mills, JJ. Appellant is taxed with all costs of this appeal.


EN BANC
93-CA-00874-SCT

City of Jackson, Mississippi v. Lakeland Lounge of Jackson, Inc. Appeal No. 15720D2 from Judgment dated JULY 19, 1993, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion for Rehearing denied.


EN BANC
XX 93-CT-01431-SCT

McGraw, Jr., Muldrow Mann v. State of Mississippi Appeal No. 22903 from Judgment dated NOVEMBER 23, 1993, Washington County Circuit Court; Affirmed. Banks, J., Lee, C.J., Prather, P.J., Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Pittman, J., Not Participating. Washington County is taxed with all costs of this appeal.


EN BANC
94-CT-00231-SCT

Stewart, Sr., Harry A. and Betty D. Stewart v. Merchants National Bank, Vicksburg, Mississippi CONSOLIDATED WITH: 90-CT-00410-SCT; Appeal No. 26880 from Judgment dated DECEMBER 10, 1993, Madison County Chancery Court; DISPOSITION - Motion to Dismiss Writ of Certiorari filed by Harry A. Stewart, Sr., and Betty D. Stewart denied. Order entered.


EN BANC
90-CT-00410-SCT

Stewart, Sr., Harry A. and Betty D. Stewart v. Merchants National Bank, Vicksburg, Mississippi CONSOLIDATED WITH: 94-CT-00231-SCT; Appeal No. 26880 from Judgment dated DECEMBER 10, 1993, Madison County Chancery Court; DISPOSITION - Motion to Dismiss Writ of Certiorari filed by Harry A. Stewart, Sr., and Betty D. Stewart denied. Order entered.


EN BANC
XX 95-DP-00149-SCT

Wiley, William L. v. State of Mississippi Appeal No. 3720 from Judgment dated FEBRUARY 03, 1995, DeSoto County Circuit Court; Conviction of Capital Murder and Sentence of Death 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) (Supp. 1996) and M.R.A.P. 41(a). Prather, P.J., Lee, C.J., Pittman, Roberts, Smith and Mills, JJ., Concur. Sullivan, P.J., Dissents with Separate Written Opinion joined by Banks and McRae, JJ. DeSoto County is taxed with all costs of this appeal.