Mississippi Supreme Court

Hand Down Lists
February 26, 1998

02/26/1998 - Hand Down and published opinions in WordPerfect/ZIP format

William L. Waller, Jr., J.
U 95-CA-00439-SCT

Boler, Russell E. a/k/a Russell Bolar v. State of Mississippi Appeal No. 16958 from Judgment dated JUNE 26, 1995, Forrest County Circuit Court; Denial of Post Conviction Relief Affirmed. Sullivan, P.J., Concurs in result only. Forrest County is taxed with all costs of this appeal.


William L. Waller, Jr., J.
U 96-CA-00879-SCT

Watkins, Werner Joseph and Cynthia Watkins, Individually and on behalf of their minor children, Joanna Watkins, Jessica Davis, Laura Davis and Justin Watkins v. Mississippi Transportation Commission Appeal No. 9500468 from Judgment dated JULY 15, 1996, Harrison County Circuit Court, First Judicial District; Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


James W. Smith, J.
X 97-CA-00117-SCT

Ford, Randy v. State of Mississippi Appeal No. 960301 from Judgment dated DECEMBER 09, 1996, Grenada County Circuit Court; Denial of Post Conviction Relief Affirmed. Grenada County is taxed with all costs of this appeal.


James L. Roberts Jr., J.
96-CA-00838-SCT

Boggan, Steve v. Navistar International Transportation Corp. Appeal No. CV95298 from Judgment dated JULY 03, 1996, DeSoto County Circuit Court; Appellant's Motion to Dismiss Appeal granted. Appeal dismissed. Each party shall bear their own costs. Order entered. DISPOSITION - Appellee's Motion to Strike Reply Brief, or Alternatively, for Leave to Submit a Responsive Brief denied. Order entered.


Fred L. Banks, J.
X 96-CA-00917-SCT

Dunn, Theonia (Ted) v. Mississippi State Department of Health and Tommie Lee Dunn Appeal No. G96903 from Judgment dated JULY 22, 1996, Hinds County Chancery Court, First Judicial District; Affirmed. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellee's Motion to Include Additional Findings of Fact and Evidence during the Course of Appeal granted. Order entered. DISPOSITION - Appellee's Motion for Substitution of Personal Representative Granted. Order entered.


Edwin Lloyd Pittman, J.
U 95-CA-01379-SCT

King, Donald Ray v. State of Mississippi Appeal No. 10900 from Judgment dated FEBRUARY 10, 1994, Lincoln County Circuit Court; Lower Court's Denial of Post-Conviction Relief Affirmed. Lincoln County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 96-KA-00681-SCT

Knowles, Arnold v. State of Mississippi Appeal No. 4712 from Judgment dated JUNE 17, 1996, Scott County Circuit Court; Reversed and Remanded. Smith, J., Not Participating. Scott County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 96-CA-01152-SCT

Mauney, Gary W. v. State of Mississippi Ex Rel. Mike Moore, Attorney General; and Jim Hood, District Attorney for the Third Circuit Court District of Mississippi Appeal No. T96079 from Judgment dated SEPTEMBER 23, 1996, Tippah County Circuit Court; Affirmed. Roberts, J., Not Participating. Appellant is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 97-CA-00214-SCT

Pounds, Michael Fitzgerald v. State of Mississippi Appeal No. CV96181 from Judgment dated JANUARY 28, 1997, Lee County Circuit Court; Lower Court's Denial of Post Conviction Relief Affirmed. McRae, J., Concurs in result only. Lee County is taxed with all costs of this appeal.


EN BANC
XXX 92-CA-00356-SCT

Mississippi Power & Light Company v. Leslie Lumpkin, Individually and as Mother and Next Friend of Kristen Black, a minor Appeal No. 9064178CV from Judgment dated FEBRUARY 13, 1992, Hinds County Circuit Court, First Judicial District; Reversed and Remanded. Banks, J., Sullivan and Pittman, P.JJ., Concur. McRae, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Smith, J., Concurs in Part and Dissents in Part with Separate Written joined by Prather, C.J. and Roberts, J.; Mills and Waller, JJ., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
XXX 92-CA-00500-SCT

Mizell, Linda Brown v. Ronnie Cleveland Mizell Appeal No. 45419 from Judgment dated APRIL 20, 1992, Jackson County Chancery Court; Affirmed in Part; Reversed and Remanded in Part; Roberts, J., Prather, C.J., Pittman, P.J., Smith, Mills and Waller, JJ., Concur. McRae, J., Dissents with Separate Written Opinion. Banks, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Sullivan, P.J. Appellant and Appellee are taxed equally with all costs of this appeal. DISPOSITION - Joint Motion to Strike by Stipulation and Agreement granted. Order entered.


EN BANC
XXX 92-KA-01312-SCT

Warren, Patrick N. v. State of Mississippi Appeal No. 7611 from Judgment dated NOVEMBER 19, 1992, Bolivar County Circuit Court, Second Judicial District; Reversed and Remanded. Banks, J., Prather, C.J., Roberts, Smith and Mills, JJ., Concur. Pittman, P.J., Dissents with Separate Written Opinion joined by Sullivan, P.J.; McRae, J., joins this opinion in part. McRae, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Waller, J., Not Participating. Bolivar County is taxed with all costs of this appeal.


EN BANC
X 94-KA-00191-SCT

McFarland, Calvin a/k/a Calvin L. McFarland v. State of Mississippi Appeal No. 4511 from Judgment dated AUGUST 02, 1993, Wilkinson County Circuit Court; DISPOSITION - Motion for Rehearing Denied. McRae, J., would grant. Waller, J., Not Participating. Banks, J., Dissents to the denial of the motion for rehearing with Separate Written Opinion. DISPOSITION - Appellant's Motion to Withdraw Appellant's Petition for Rehearing denied. Order entered.


EN BANC
94-CA-01169-SCT

General Star Indemnity Company v. Pike County National Bank Appeal No. 92122 from Judgment dated OCTOBER 28, 1994, Calhoun County Chancery Court; DISPOSITION - Motion for Rehearing denied. McRae, Mills and Waller, JJ., Not Participating. Opinion modified.


EN BANC
95-CT-00732-SCT

Haycraft, Jeffrey C. and Donna Renea Haycraft v. Robert Parker Adams, Architect, P.A., and Robert Parker Adams, Individually Appeal No. 9376490 from Judgment dated JUNE 01, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Jeffrey and Donna Haycraft denied. To Deny: Prather, C.J., Pittman, P.J., Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: Sullivan, P.J., and McRae, J. Order entered.


EN BANC
95-CA-01029-SCT

Bass, Jimmy v. State of Mississippi Appeal No. 7042 from Judgment dated AUGUST 11, 1995, Bolivar County Circuit Court, Second Judicial District; DISPOSITION - Motion for Rehearing Denied. Sullivan, P.J., Banks, McRae and Waller, JJ., would grant. DISPOSITION - Appellant's Motion for Leave to File Petition for Writ of Certiorari Out of Time Because of Excusable Neglect denied. Order entered.


EN BANC
96-CT-00513-SCT

Goldman, Clarence a/k/a Clarence Hewlett Goldman v. State of Mississippi Appeal No. 7253 from Judgment dated APRIL 19, 1996, Montgomery County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Clarence Goldman a/k/a Clarence Hewlett Goldman denied. To Deny: All Justices. Order entered.


EN BANC
X 96-CC-00575-SCT

Mississippi Commission on Judicial Performance v. Lillie Blackmon Sanders Appeal No. 95128 from Judgment dated MAY 20, 1996, Commission On Judicial Performance; Affirmed. Lillie Blackmon Sanders shall be publicly reprimanded on March 25, 1998, at 9:30 a.m., and fined $1,500. Roberts, J., Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Smith, Mills and Waller, JJ., Concur. McRae, J., Not Participating. Lillie Blackmon Sanders is taxed with all costs of this appeal. Order entered.


EN BANC
96-CA-00708-SCT

Irving, John, III v. Director of Classification: Ann Lee and Superintendent of Mississippi State Penitentiary and Successors in Office: Raymond Roberts Appeal No. 960064 from Judgment dated JUNE 05, 1996, Sunflower County Circuit Court; DISPOSITION - Motion for Rehearing Denied.


EN BANC
96-CA-01089-SCT

Wallace, John Henry v. State of Mississippi Appeal No. 8865 from Judgment dated AUGUST 26, 1996, Coahoma County Circuit Court; DISPOSITION - Appellee's Motion to Correct Judgment granted. The original opinion in this case is withdrawn and the corrected opinion is substituted therefor. Order entered.


EN BANC
96-CA-01130-SCT

Houston, John Lewis a/k/a John L. Houston, Jr. v. State of Mississippi Appeal No. 96273 from Judgment dated SEPTEMBER 23, 1996, Alcorn County Circuit Court; DISPOSITION - Motion for Rehearing Denied.