Mississippi Supreme Court

Hand Down Lists
March 12, 1998

03/12/1998 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
X 95-KA-00948-SCT

Duplantis, David W. a/k/a David Wayne Duplantis v. State of Mississippi Appeal No. 4414 from Judgment dated AUGUST 26, 1995, Newton County Circuit Court; On Change of Venue to Attala County. Conviction of capital murder and Sentence of life imprisonment as an habitual offender in the custody of the Mississippi Department of Corrections without benefit of parole, suspension, or reduction of sentence with this sentence to run consecutively to any sentence previously imposed Affirmed. Smith, J., Not Participating. Newton County is taxed with all costs of this appeal.


Michael P. Mills, J.
XX 96-CA-00191-SCT

Bell, Charles Sylvester v. State of Mississippi Appeal No. 11351 from Judgment dated FEBRUARY 06, 1996, Forrest County Circuit Court; Reversed and Remanded. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J.; Pittman, P.J., and Waller, J., Not Participating. Forrest County is taxed with all costs of this appeal. DISPOSITION - Bell's Motion to Expedite dismissed as moot and Petition for Writ of Mandamus and Prohibition denied. Order entered.


Chuck McRae, J.
X 96-IA-01049-SCT

McGehee, Carolyn v. Robert DePoyster, Individually, and in his official capacity as Superintendent of Richton School District Appeal No. 950020 from Judgment dated SEPTEMBER 04, 1996, Perry County Circuit Court; CONSOLIDATED WITH: 96-CA-01153-SCT - Carolyn McGehee v. Robert DePoyster, Individually, and in his official capacity as Superintendent of Richton School District; Appeal No. 950020 from Judgment dated SEPTEMBER 17, 1996, Perry County Circuit Court; Reversed and Remanded. Sullivan, P.J., Not Participating. Appellee is taxed with all costs of this appeal.


Chuck McRae, J.
U 96-CA-01133-SCT

Durham, William H., M. D. v. QMED, Inc. Appeal No. 940129 from Judgment dated SEPTEMBER 11, 1996, Pike County Circuit Court; Judgment Affirmed. Appellant is taxed with all costs of this appeal.


Fred L. Banks, J.
X 96-CA-00354-SCT

Turner, Martha A. v. Hudson Salvage, Inc. Appeal No. 9500087 from Judgment dated MARCH 20, 1996, Harrison County Circuit Court, First Judicial District; Reversed and Remanded. Waller, J., Not Participating. Appellee is taxed with all costs of this appeal.


Edwin Lloyd Pittman,P.J.
U 96-KA-00471-SCT

Laitsch, Donald Coy, Jr. v. State of Mississippi Appeal No. 950093 from Judgment dated SEPTEMBER 14, 1995, Harrison County Circuit Court, Second Judicial District; Conviction of armed robbery and Sentence of thirty-two (32) years and six (6) months as an habitual offender in the custody of the Mississippi Department of Corrections Affirmed. Harrison County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 95-CA-01177-SCT

Payton, Gregory Paxton v. State of Mississippi Appeal No. 9400219 from Judgment dated OCTOBER 20, 1995, Harrison County Circuit Court, Second Judicial District; Reversed and Remanded. Smith, J., Concurs in result only. Harrison County is taxed with all costs of this appeal.


Lenore L. Prather, C.J.
U 96-CA-00325-SCT

Mississippi, State of v. Thaddus Davis a/k/a Thaddeus Davis a/k/a Thadus Davis Appeal No. 950055 from Judgment dated FEBRUARY 14, 1996, Sunflower County Circuit Court; Reversed and Rendered. Sunflower County is taxed with all costs of this appeal.


Lenore L. Prather, C.J.
U 96-CA-01171-SCT

Perez, Hector Hugo v. State of Mississippi Appeal No. 9126187 from Judgment dated OCTOBER 18, 1996, Harrison County Circuit Court, First Judicial District; Judgment Affirmed. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, C.J.
U 97-CA-00510-SCT

Price, Mario v. State of Mississippi Appeal No. 970066 from Judgment dated MARCH 17, 1997, Grenada County Circuit Court; Denial of Post-Conviction Relief Affirmed. Grenada County is taxed with all costs of this appeal.


EN BANC
X 92-CA-01215-SCT

Nettleton Church of Christ, an unincorporated religious association, The Town of Nettleton, Mississippi and Earnest Sullivan v. Sandra R. Conwill Appeal No. 29615 from Judgment dated NOVEMBER 03, 1992, Monroe County Chancery Court; DISPOSITION - Motion for Rehearing denied. Banks, J., Dissents to the denial of the motion for rehearing with separate written opinion joined by Prather, C.J. Mills and Waller, JJ., Not Participating.


EN BANC
XXX 93-CT-01365-SCT

Donald, James H. and Barbara Lindsay Donald v. Triple S Well Service, Inc. Appeal No. 7754 from Judgment dated NOVEMBER 08, 1993, Jefferson Davis County Circuit Court; Reversed and Remanded. Banks, J., Sullivan and Pittman, P.JJ., Concur. Prather, C.J., Concurs in Part. McRae, J., Specially Concurs with Separate Written Opinion. Mills, J., Dissents with Separate Written Opinion joined by Roberts and Smith, JJ.; Prather, C.J., Joins in Part. Waller, J., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
XX 94-CT-00537-SCT

Owens, McKinley v. State of Mississippi Appeal No. 932311 from Judgment dated APRIL 15, 1994, Hinds County Circuit Court, First Judicial District; Reversed and Remanded. Sullivan, P.J., Prather, C.J., Banks, McRae and Waller, JJ., Concur. Smith, J., Dissents with Separate Opinion joined by Pittman, P.J., Roberts and Mills, JJ. Hinds County is taxed with all costs of this appeal.


EN BANC
XX 94-DP-01016-SCT

Crawford, Charles Ray v. State of Mississippi Appeal No. LK93256 from Judgment dated APRIL 23, 1994, Tippah County Circuit Court; On change of venue to Lafayette County. COUNT I: Conviction of burglary of an inhabited dwelling and sentence of fifteen years in the custody of the Mississippi Department of Corrections as an habitual offender affirmed. COUNT II: Conviction of rape and sentence of life imprisonment in the custody of the Mississippi Department of Corrections as an habitual offender affirmed. Sentence in Count II to run consecutive to sentence in Count I and to sentences in cause numbers HK-93-022 and LK-93-089. COUNT III: Conviction of sexual battery and sentence of thirty years in the custody of the Mississippi Department of Corrections as an habitual offender affirmed. Sentence in Count III to run consecutive to sentences in Counts I and II and to sentences in cause numbers HK-93-022 and LK-93-089. COUNT IV: 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) (1996) and M.R.A.P. 41(a). McRae, J., Prather, C.J., Pittman, P.J., Roberts, Smith, Mills and Waller, JJ., Concur. Banks, J., Concurs with Separate Written Opinion joined by Prather, C.J.; Sullivan, P.J., Not Participating. Tippah County is taxed with all costs of this appeal. DISPOSITION - Crawford's Petition for Writ of Mandamus and Injunctive Relief dismissed as moot. Order entered. DISPOSITION - Crawford's Response to Court's Recent Order, and Request for Court to at Least Provide Appellant with Access to the Transcripts of this case dismissed as moot. Order entered.


EN BANC
95-CT-00404-SCT

Williams, Douglas D. a/k/a Douglas Dwayne Williams v. State of Mississippi Appeal No. 94117 from Judgment dated FEBRUARY 23, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Douglas D. Williams denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Not Participating: Banks, J. Order entered.


EN BANC
96-KA-00350-SCT

Skinner, Bryan Able v. State of Mississippi Appeal No. 6626 from Judgment dated NOVEMBER 29, 1990, Harrison County Circuit Court, Second Judicial District; DISPOSITION - Motion for Rehearing denied. Prather, C.J., Roberts and Smith, JJ., would grant.


EN BANC
X 96-CA-00458-SCT

Thompson, Shirley Ann v. Casino Magic Corporation and Mardi Gras Casino Corporation Appeal No. 940013 from Judgment dated MARCH 22, 1996, Hancock County Circuit Court; Affirmed. Sullivan, P.J., Prather, C.J., Pittman, P.J., Banks, Roberts, Smith, Mills and Waller, JJ., Concur. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


EN BANC
XX 96-CA-01232-SCT

Mississippi State Department of Human Services v. Landon Carroll St. Peter Appeal No. 20402 from Judgment dated SEPTEMBER 17, 1996, Bolivar County Chancery Court, Second Judicial District; Reversed and Rendered. Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion. Waller, J., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
XX 97-DP-00375-SCT

Mack, Jimmie v. State of Mississippi Appeal No. 7344 from Judgment dated JUNE 29, 1991, Bolivar County Circuit Court, Second Judicial District; DISPOSITION - Jimmie Mack's Motion to Dismiss Post-Conviction Relief remanded for proceedings consistent with the opinion of this Court. Smith, J., Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Mills and Waller, JJ., Concur. McRae, J., Dissents with Separate Written Opinion.


EN BANC
X 97-DP-00818-SCT

Holly, William Joseph v. State of Mississippi Appeal No. 6336 from Judgment dated MARCH 03, 1993, Grenada County Circuit Court; DISPOSITION - Application for Leave to file Motion to Vacate Judgment and Death Sentence denied. McRae, J., Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ., Concur. Grenada County is taxed with all costs of this appeal.


EN BANC
X 97-CC-00863-SCT

Mississippi Commission on Judicial Performance v. Jerry Fisher Appeal No. 96201 from Judgment dated JULY 18, 1997, Commission On Judicial Performance; Justice Court Judge Jerry Fisher is hereby publicly reprimanded. Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ., Concur. McRae, J., Not Participating. Fisher is taxed with all costs of this appeal.