Mississippi Supreme Court

Hand Down Lists
February 27, 1997

02/27/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
U 93-CA-01391-SCT

Marble, James O'Neal v. Mississippi Department of Human Services Appeal No. D7529 from Judgment dated NOVEMBER 10, 1993, Lauderdale County Chancery Court; Affirmed. Lee, C.J., Concurs in result only. Sullivan, P.J., Not Participating. Appellant is taxed with all costs of this appeal.


Michael P. Mills, J.
X 94-CA-00259-SCT

Bowen, Linda Watts v. David R. Bowen Appeal No. 14147 from Judgment dated FEBRUARY 21, 1994, Smith County Chancery Court; Affirmed in Part; Reversed and Rendered in Part. McRae, J., Concurs in result only. Appellant and Appellee are taxed equally with all costs of this appeal.


Michael P. Mills, J.
X 94-CA-00385-SCT

Hassett, Leigh Ann v. Thomas R. Hassett Appeal No. 54044 from Judgment dated AUGUST 25, 1993, Washington County Chancery Court; Affirmed. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
X 93-CA-00241-SCT

Pierce, Stephanie Tyner v. Heritage Properties, Inc., American Fan Retail Associates, Inc., and Halsey Enterprises Company, Ltd. Appeal No. 35409 from Judgment dated FEBRUARY 12, 1993, Hinds County Circuit Court, First Judicial District; Judgment is Affirmed. Roberts, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
X 94-CA-00441-SCT

Bredemeier, Sandra Maria Jackson v. Gary Dean Jackson Appeal No. 98642 from Judgment dated APRIL 15, 1994, Harrison County Chancery Court, First Judicial District; Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Fred L. Banks, J.
U 94-KA-00081-SCT

Stewart, Ollie Dewayne v. State of Mississippi Appeal No. 92105251 from Judgment dated AUGUST 03, 1993, Jackson County Circuit Court; Conviction of murder and Sentence of life in the custody of the Mississippi Department of Corrections and that appellant pay all costs accrued Affirmed. Jackson County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
95-CA-00613-SCT

Shelton, Victor and Phyllis Shelton, Individually, and as Parents of Ernest Anthony Shelton, Deceased v. Burlington Northern Railroad Company and Paul Barrett Appeal No. 18220 from Judgment dated MAY 11, 1995, Lowndes County Circuit Court; Joint Motion to Dismiss Appeal granted. Appeal dismissed with prejudice upon entry of this order. Appellant and Appellee are taxed equally with all costs of this appeal. Order of Dismissal with Prejudice entered.


Lenore L. Prather, P.J.
U 95-CA-00088-SCT

Fidelity Financial Services, Inc. v. Carolyn Randolph Appeal No. 251941065CIV from Judgment dated DECEMBER 21, 1994, Hinds County Circuit Court, First Judicial District; Judgment is Affirmed. Lee, C.J., Concurs in result only. Appellant is taxed with all costs of this appeal.


Dan M. Lee, C.J.
X 93-CA-01237-SCT

Haynes, The Estate of Margaret Malone Haynes, Deceased; The Estate of Rebecca Quinn Steele, Deceased; The Estate of Pat Young Malone, Deceased; and James Perry Steele, Jr. v. Billy Dick Steele; Kathryn H. Steele and Jeanne Swindle as Representative of the Estate of Robert B. Swindle, Deceased Appeal No. 15294 from Judgment dated OCTOBER 01, 1993, Clay County Chancery Court; Affirmed in Part, Reversed and Rendered in Part and Remanded to the lower court for a final accounting consistent with the opinion of this Court. Statutory penalty is awarded. Prather, P.J., and McRae, J., Not Participating. Appellants and Appellees are taxed equally with all costs of this appeal.


Dan M. Lee, C.J.
U 94-KA-01087-SCT

Combs, Thomas Dwayne v. State of Mississippi Appeal No. 93254 from Judgment dated JULY 29, 1994, Lafayette County Circuit Court; COUNTS IV, V, VI and VII: Conviction of sexual battery and Sentence of twenty (20) years on each of these counts running concurrently in the custody of the Mississippi Department of Corrections Affirmed. COUNTS VIII, IX, X and XI: Conviction of sexual battery and Sentence of twenty (20) years on each of these counts running concurrently in the custody of the Mississippi Department of Corrections Affirmed. Sentence in Counts IV, V, VI and VII shall run consecutively with the sentence in Counts VIII, IX, X and XI. Lafayette County is taxed with all costs of this appeal.


EN BANC
92-DP-00568-SCT

Walker, Alan Dale v. State of Mississippi Appeal No. 25945 from Judgment dated AUGUST 12, 1991, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for Withdrawal of Counsel filed by Carmen G. Castilla and Robin E. Midcalf denied without prejudice to refile in compliance with M.R.A.P. 46(c). Sullivan, P.J., Banks and McRae, JJ., would grant. Order entered.


EN BANC
XX 92-KA-01067-SCT

Shields, Joseph E. v. State of Mississippi Appeal No. 13254 from Judgment dated JANUARY 08, 1992, Lafayette County Circuit Court; Conviction of burglary of a dwelling as an habitual offender and Sentence of ten (10) years in the Mississippi Department of Corrections Affirmed. Direct Contempt of January 6, 1992 and Sentence of ten (10) days in jail Affirmed. Direct Contempt of July 13, 1992 and Sentence of one hundred twenty (120) days in jail Affirmed. Sentence is to run consecutively with each other and to any other terms of incarceration appellant is presently serving. Banks, J., Prather, P.J., Roberts, Smith and Mills, JJ., Concur. Lee, C.J., joins this opinion in part. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Pittman, J. Lee, C.J., joins this opinion in part. Appellant is taxed with all costs of this appeal.


EN BANC
UUU 93-CA-01026-SCT

Ashford, William C. v. Sandra W. Ashford Appeal No. 125962 from Judgment dated AUGUST 09, 1993, Hinds County Chancery Court, First Judicial District; Direct Appeal: Affirmed. Cross-Appeal: Reversed and Remanded. Prather and Sullivan, P.JJ., Pittman, Banks and Smith, JJ., Concur. Dan Lee, C.J., Dissents with Separate Written Opinion joined by McRae and Mills, JJ.; McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J.; Roberts, J., Not Participating. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellant's Motion to Strike Portions of Appellee's Brief granted. Roberts, J., Not Participating. Order entered. DISPOSITION - Appellant's Motion for Sanctions denied. Roberts, J., Not Participating. Order entered. DISPOSITION - Appellee's Motion for Attorney's Fees granted in the amount of $5,000.00. Roberts, J., Not Participating. Order entered.


EN BANC
XX 93-CA-01112-SCT

Maynard, Renee d/b/a Kountry Klub and Western Connection, Inc. v. City of Tupelo, Mississippi, A Municipal Corporation; Jack Marshall, In His Official Capacity As Mayor Of The City of Tupelo, Mississippi; The City of Tupelo, Mississippi, Board of Aldermen; et al. Appeal No. 45671 from Judgment dated SEPTEMBER 16, 1993, Lee County Chancery Court; Judgment is Affirmed. Prather, P.J., Lee, C.J., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Appellant is taxed with all costs of this appeal.


EN BANC
XX 93-CC-01226-SCT

Dorris, Linzie v. Mississippi Regional Housing Authority and Liberty Mutual Insurance Company Appeal No. 3046 from Judgment dated OCTOBER 07, 1993, Leake County Circuit Court; Reversed and Remanded for proceedings consistent with the opinion of this Court. Prather, P.J., Lee, C.J., Sullivan, P.J., Pittman, Banks and McRae, JJ., Concur. Smith, J., Dissents with Separate Written Opinion joined by Roberts and Mills, JJ. Appellee is taxed with all costs of this appeal.


EN BANC
93-KA-01468-SCT

Anderson, Ronnie a/k/a Ronnie Cat v. State of Mississippi Appeal No. 92100083 from Judgment dated FEBRUARY 05, 1992, Jackson County Circuit Court; DISPOSITION - Motion for Rehearing denied.


EN BANC
94-CT-00196-SCT

Hurst, Geraldine, Executrix for the Estate of Josie Connerly; Geraldine Hurst and Kenneth Hurst v. Southwest Mississippi Legal Services Corporation and Hilda Burnett Baker Appeal No. 4389 from Judgment dated NOVEMBER 01, 1993, Pike County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Geraldine Hurst, Executrix for the Estate of Josie Connerly; Geraldine Hurst and Kenneth Hurst granted. To Grant: Prather, P.J., Banks, Smith and Mills, JJ. To Deny: Lee, C.J., Sullivan, P.J., and McRae, J. To Take En Banc: Roberts, J. Not Participating: Pittman, J. Order entered.


EN BANC
94-BA-00749-SCT

Emil, Gerald R. v. Mississippi Bar Appeal No. 92B1156 from Judgment dated JULY 07, 1994, Complaint Tribunal; DISPOSITION - The Mississippi Bar's Motion to Dismiss Motion for Rehearing, or in the Alternative, Motion for Permission of the Court to Withdraw Motion for Rehearing granted. Pittman and McRae, JJ., Not Participating. Order entered.


EN BANC
95-CT-00069-SCT

Barnes, Matt and wife, Kathy M. Barnes, Paul Barnes and wife, Sylvia A. Barnes, J. B. Barnes and wife, Eloria L. Barnes and Jeffery K. Barnes v. William E. Wooten, Ben P. Ganann, Ned Rushing, Thomas Crane, James C. Arthur, Individually and in Their Capacity as The Leake County Board of Supervisors and Weyerhaeuser Company Appeal No. 13860 from Judgment dated DECEMBER 22, 1994, Leake County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Matt Barnes and wife, Kathy M. Barnes, Paul Barnes and wife, Sylvia A. Barnes, J. B. Barnes and wife, Eloria L. Barnes and Jeffery K. Barnes denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J. Order entered.


EN BANC
95-CT-00667-SCT

Butler, Terry v. State of Mississippi Appeal No. 94476 from Judgment dated MAY 18, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Terry Butler granted. To Grant: Lee, C.J., Sullivan, P.J., Pittman, Banks and McRae, JJ. To Deny: Prather, P.J., Roberts, Smith and Mills, JJ. Order entered.


EN BANC
96-CC-00507-SCT

Mississippi Commission on Judicial Performance v. Frank A. Russell Appeal No. 94146 from Judgment dated MAY 10, 1996, Commission On Judicial Performance; DISPOSITION - Respondent's Motion for Continuance of Public Reprimand granted until disposition of the Motion for Rehearing. McRae, Roberts and Mills, JJ., Not Participating. Order entered.