Mississippi Supreme Court

Hand Down Lists
February 18, 1999

02/18/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, James Lamar, Jr.
XX 97-CA-01361-SCT

General Motors Acceptance Corporation v. Menola Baymon Humphreys Circuit Court; LC Case#: 950072; Ruling Date: 10/01/1997; Ruling Judge: Jannie Lewis; Majority Opinion:Roberts, J. Disposition: Reversed and Remanded for further proceedings consistent with the opinion of this Court. Appellee taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Smith, J., Mills, J., Waller, J., Concur. Sullivan, P.J., Not Participating. Concurring in Part Opinion: Banks, J. Votes: McRae, J., Joins in Part .


EN BANC
94-US-00760-SCT

Wilcher, Bobby Glen a/k/a Bobby Glenn Wilcher v. State of Mississippi Scott Circuit Court; LC Case#: 3707; Ruling Date: 06/23/1994; Ruling Judge: Marcus Gordon; 94-US-00761-SCT Bobby Glenn Wilcher v. State of Mississippi; Scott Circuit Court; LC Case#: 3708; Ruling Date: 07/21/1994; Ruling Judge: Marcus Gordon; Disposition: Wilcher's Motion for Appointment of Counsel to assist him in preparing post-conviction pleadings, dismissed as moot. Similar motions are granted by this Court this date in Wilcher v. State, No. 1998-DR-01820-SCT and Wilcher v. State, No. 1998-DR-01821-SCT, for the post-conviction relief action in these cases. Order entered.


EN BANC
95-DR-00866-SCT

Underwood, Justin v. State of Mississippi Madison Circuit Court; LC Case#: 2246; Ruling Date: 05/25/1995; Ruling Judge: John Toney; Disposition: Underwood's motion for appointment of counsel, granted. This matter is remanded to the Circuit Court of Madison County for appointment of counsel pursuant to this Court's decision in Henry Curtis Jackson v. State, 98-DR-00708-SCT (Miss. Jan. 28, 1999). Appointed counsel shall have thirty days from date of appointment in which to file application for leave to seek post-conviction relief. Order entered.


EN BANC
96-CT-00647-SCT

Magnusen, David Eugene v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 25691; Ruling Date: 06/11/1996; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed by David Eugene Magnusen, denied. To Deny: All Justices. Order entered.


EN BANC
96-CT-00650-SCT

Givens, Robert v. State of Mississippi Bolivar Circuit Court 2nd District; LC Case#: 8303; Ruling Date: 06/07/1996; Ruling Judge: Kenneth Thomas; Disposition: Petition for Writ of Certiorari filed by Robert Givens, denied. To Deny: Prather, C.J., Sullivan and Pitttman, P.JJ., Banks, Roberts, Smith and Mills, JJ. To Grant: McRae and Waller, JJ. Order entered.


EN BANC
97-DR-00046-SCT

Russell, Willie C. v. State of Mississippi Sunflower Circuit Court; LC Case#: 10130; Ruling Date: 03/04/1993; Disposition: Russell's Motion for Appointment of Counsel and Motion to Relieve Counsel, granted. This matter is remanded to the Sunflower County Circuit Court for appointment of counsel pursuant to this Court's decision in Henry Curtis Jackson, Jr. V. State, 98-DR-00708-SCT (Miss. Jan. 28, 1999). W. S. Stuckey, Jr. And Whitman D. Mounger shall be relieved of any further representation of Russell upon the circuit court's entry of an order appointing counsel. Appointed counsel shall have thirty days from the date of appointment in which to file an amended application for leave to seek post-conviction relief. Order entered.


EN BANC
X 97-DP-00566-SCT

Edwards, Frontrail a/k/a Frontrell Edwards v. State of Mississippi Clarke Circuit Court; LC Case#: 7698; Ruling Date: 02/27/1997; Ruling Judge: Robert Bailey; Majority Opinion: Roberts, J. Disposition: On change of venue to Lauderdale County. Reversed and Remanded. Clarke County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., McRae, J., Smith, J., Mills, J., Waller, J., Concur. Banks, J., Concurs in result only.


EN BANC
97-CT-00772-SCT

Anderson, Randy a/k/a "Chubb" v. State of Mississippi Montgomery Circuit Court; LC Case#: 7351; Ruling Date: 05/05/1997; Ruling Judge: C. Morgan, III; Disposition: Petition for Writ of Certiorari filed by Randy Anderson, denied. To Deny: All Justices. Order entered.


EN BANC
96-CA-01018-SCT

McBride, Bill v. Meridian Public Improvement Corporation and the City of Meridian, Mississippi Lauderdale Chancery Court; LC Case#: 96886; Ruling Date: 09/06/1996; Ruling Judge: Sarah Springer; 97-CA-00814-SCT Bill McBride v. Meridian Public Improvement Corporation and The City of Meridian, Mississippi; Lauderdale Chancery Court; LC Case#: 96886; Ruling Date: 06/25/1997; Ruling Judge: Sarah Springer; Disposition: Motion for Rehearing, denied.


EN BANC
97-CA-00950-SCT

Davis, Kenny Scott v. Wal-Mart Stores, Inc. Neshoba Circuit Court; LC Case#: 960167; Ruling Date: 07/08/1997; Ruling Judge: Marcus Gordon; Disposition: Motion for Rehearing, denied.


EN BANC
XXX 97-CA-01166-SCT

STEWART, DECEASED, IN THE MATTER OF THE ESTATE OF EARL EDSEL; The Law Firm of Logan and Bise v. R.L. STEWART, EXECUTOR Harrison Chancery Court 1st District; LC Case#: P5656; Ruling Date: 02/28/1997; Ruling Judge: Shannon Clark; Majority Opinion: Waller, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Smith, J., Concur. McRae, J., Concurs in Part . Mills, J., Not Participating. Dissenting Opinion: Pittman, P.J. Concurring in Part and Dissenting in Part Opinion: Banks, J. Votes: McRae, J., Roberts, J., Join.


EN BANC
97-CA-01401-SCT

Van, Cong Vo, Ut Thi Nguyen, Lan Thi Tran and Minh Hoang Van v. Grand Casinos of Mississippi, Inc. And Bruce Loprete Harrison Circuit Court 1st District; LC Case#: 9700138; Ruling Date: 10/14/1997; Ruling Judge: John Whitfield; Disposition: Motion for Rehearing, denied.


EN BANC
97-DR-01609-SCT

Carr, Anthony v. State of Mississippi Quitman Circuit Court; LC Case#: 5115; Ruling Date: 09/19/1990; Disposition: Carr's motion for appointment of counsel, granted. This matter is remanded to the Circuit Court of Quitman County for appointment of counsel pursuant to this Court's decision in Henry Curtis Jackson v. State, 98-DR-00708-SCT (Miss. Jan. 28, 1999). Appointed counsel shall have thirty days from date of appointment in which to file an application for leave to seek post-conviction relief. Order entered.


EN BANC
98-BD-00345-SCT

Mississippi Bar, The v. Winthrop G. Gardner LC Case#: 98BD345; Ruling Date: 03/09/1998; Disposition: Motion for rehearing, denied.


EN BANC
98-DR-00379-SCT

Brown, Joseph Patrick a/k/a "Peanut" v. State of Mississippi Adams Circuit Court; LC Case#: 9902; Ruling Date: 03/12/1994; Ruling Judge: Richard Watson; Disposition: Brown's motion for appointment of counsel, granted. This matter is remanded to the Circuit Court of Adams County for appointment of Counsel pursuant to this Court' s decision in Henry Curtis Jackson v. State, 98-DR-00708-SCT (Miss. Jan. 28, 1999). Because counsel has already filed, pro bono, an application for leave to seek post-conviction relief, the remand shall be for the limited purpose of determining compensation. Order entered.


EN BANC
X 98-CC-00690-SCT

His Way Homes, Inc. v. Mississippi Gaming Commission Hinds Circuit Court 1st District; LC Case#: 97776CIV; Ruling Date: 03/06/1998; Ruling Judge: W. Yerger; Majority Opinion:Smith, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Roberts, J., Mills, J., Waller, J., Concur.


EN BANC
1998-DR-01280-SCT

Wells, Mack C. v. State of Mississippi Scott Circuit Court; LC Case#: 4614; Ruling Date: 09/28/1995; Ruling Judge: Marcus Gordon; Disposition: Wells' motion for appointment of counsel, granted. This matter is remanded to the Circuit Court of Scott County for appointment of counsel pursuant to this Court's decision in Henry Curtis Jackson v. State, 98-DR-00708-SCT (Miss. Jan. 28, 1999). Appointed counsel shall have thirty days from date of appointment in which to file any supplemental pleadings. Order entered.


EN BANC
1998-DR-01553-SCT

Blue, David v. State of Mississippi Leflore Circuit Court; LC Case#: 22123; Ruling Date: 04/02/1993; Ruling Judge: Howard Davis, Jr.; Disposition: Blue's "Pro Se Motion" seeking appointment of counsel, granted. This matter is remanded to the Circuit Court of Leflore County for further proceedings in accordance with this Court's decision in Jackson v. State, 98-DR-00708-SCT (Miss. Jan.28, 1999). The trial court shall conduct said proceedings within 15 days of entry hereof, and shall immediately notify this Court of appointment of Counsel. Counsel shall thereupon have thirty days to prepare and submit any additional pleadings on behalf of Blue. The State's Motion to Suspend Briefing, granted. The briefing schedule is suspended pending appointment of counsel and said counsel's submission of any additional pleading, if any. If counsel shall find it unnecessary or fail to timely supplement the existing pleadings, briefing shall be reinstated thirty days following this Court's notification of said counsel. Order entered.


EN BANC
1998-DR-01820-SCT

Wilcher, Bobby Glen a/k/a Bobby Glenn Wilcher v. State of Mississippi Scott Circuit Court; LC Case#: 3708; Ruling Judge: V. Cotten; Disposition: Wilcher's "Pro se Motion" seeking appointment of counsel, granted. This matter is remanded to the Circuit Court of Scott County for further proceedings in accord with this Court's decision in Jackson v. State, 98-DR-000708-SCT (Miss. Jan. 28, 1999). The trial court shall conduct said proceedings within 15 days of entry hereof and shall immediately notify this Court of appointment of counsel. Appointed counsel shall have thirty days to prepare and submit any additional pleadings on behalf of Wilcher. The briefing schedule is suspended pending appointment of counsel and counsel's submission of any additional pleadings. If counsel shall find it unnecessary or fail to timely supplement the existing pleadings, briefing shall be reinstated thirty days following this Court's notification of appointment of counsel. Order entered.


EN BANC
1998-DR-01821-SCT

Wilcher, Bobby Glen a/k/a Bobby Glenn Wilcher v. State of Mississippi Scott Circuit Court; Ruling Judge: V. Cotten; Disposition: Wilcher's "Pro se Motion" seeking appointment of counsel, granted. This matter is remanded to the Circuit Court of Scott County for further proceedings in accord with this Court's decision in Jackson v. State, No. 98-DR-00708-SCT (Miss. Jan. 28, 1999). The trial court shall conduct said proceedings within 15 days of entry hereof and shall immediately notify this Court of appointment of counsel. Counsel shall thereupon have thirty days to prepare and submit any additional pleadings on behalf of Wilcher. The briefing schedule is suspended pending appointment of counsel and said counsel's submission of any addditional pleadings. If counsel shall find it unnecessary or fail to timely supplement the existing pleadings, briefing shall be reinstated thirty days following this Court's notification of appointment of said counsel. Order entered.