Mississippi Supreme Court

Hand Down Lists
March 20, 1997

03/20/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Chuck McRae, J.
X 95-CA-00133-SCT

Mississippi Gaming Commission; W. W. Gresham, Chairman; Victor Smith, Commissioner; Robert Engram, Commissioner; Major General Paul Harvey, Executive Director; and Mike Moore, Attorney General v. Board of Education, Harrison County, Mississippi and Royal Casino Corporation Appeal No. A24019400211 from Judgment dated DECEMBER 30, 1994, , First Judicial District; Reverse the order of the circuit court and reinstate the commission's decision. Lee, C.J., Concurs in result only. Appellee is taxed with all costs of this appeal. DISPOSITION - Motion of Board of Education of Harrison County, Mississippi for Leave to File Supplemental Brief denied.


Chuck McRae, J.
95-CA-00433-SCT

Gieger Transfer Service, Incorporated, a Mississippi Corporation d/b/a Gieger Ambulance Service v. Jones County Board of Supervisors, Collectively and in its Official Capacity and South Central Regional Medical Center Appeal No. 9411149 from Judgment dated APRIL 18, 1995, Jones County Circuit Court, Second Judicial District; Joint Motion to Voluntary Dismiss Appeal granted. Appellant is taxed with all costs of this appeal. Order entered. DISPOSITION - South Central Regional Medical Center's Motion for Determination of Real Parties in Interest denied. Order entered.


Michael Sullivan, P.J.
X 94-CA-00055-SCT

Beech, Odis, Lurvia Beech, Wilson Williams and Ernestine B. Williams v. Leaf River Forest Products, Inc., Warren Richardson, Acker Smith, Leaf River Corporation, Great Northern Nekoosa Corporation and Georgia Pacific Corporation Appeal No. 22564 from Judgment dated AUGUST 09, 1993, George County Circuit Court; On change of venue to Harrison County. Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 94-CA-00710-SCT

Durant, City of v. Laws Construction Company, Inc. Appeal No. 9310611 from Judgment dated JUNE 27, 1994, Holmes County Circuit Court; Affirmed in Part; Reversed and Rendered in Part. Lee, C.J., Concurs in result only. Appellant and Appellee are taxed equally with all costs of this appeal.


Michael Sullivan, P.J.
U 95-CA-00272-SCT

Garrett, Patricia Edwards v. Charles Douglas Garrett, Sr. Appeal No. 94396 from Judgment dated FEBRUARY 22, 1995, Tate County Chancery Court; Affirmed. Appellant is taxed with all costs of this appeal.


EN BANC
90-CA-01182-SCT

Southwest Mississippi Regional Medical Center v. Mrs. Juedell T. Lawrence and Mississippi Hospital Employee Benefit Trust Appeal No. 4669 from Judgment dated OCTOBER 18, 1990, Pike County Circuit Court; DISPOSITION - Appellant's Motion for Clarification granted. Statutory damages are denied and costs are taxed equally against appellant and appellees. Order entered.


EN BANC
91-DP-00353-SCT

Simon, Jr., Robert v. State of Mississippi Appeal No. 5114 from Judgment dated OCTOBER 13, 1990, Quitman County Circuit Court; DISPOSITION - Appellant's Motion to Stay Execution Date Pending Petition for Writ of Certiorari to the United States Supreme Court granted. Appellant's execution date will be stayed for sixty days from the date of entry of this order. Order entered.


EN BANC
93-KA-00238-SCT

Medina, Lourdes Basto v. State of Mississippi Appeal No. 27038 from Judgment dated FEBRUARY 26, 1993, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing filed by Medina Denied. Sullivan, P.J., and McRae, J., would grant. DISPOSITION - Motion for Rehearing filed by Mississippi Bureau of Narcotics Denied. Prather, P.J., Banks and McRae, JJ., would grant.


EN BANC
93-CT-00676-SCT

Brewer, III, Herbert L. v. State of Mississippi Appeal No. 92034 from Judgment dated JUNE 07, 1993, Lee County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Herbert L. Brewer, III, granted. To Grant on the Validity of the Search Warrant: Lee, C.J., Prather, P.J., Smith and Mills, JJ. To Deny on the Validity of the Search Warrant: Sullivan, P.J., Pittman, Banks, McRae and Roberts, JJ. To Grant on the State's Closing Argument: Prather, P.J., Pittman, McRae, Smith and Mills, JJ. To Deny on the State's Closing Argument: Lee, C.J., Sullivan, P.J., Banks and Roberts, JJ. Order entered.


EN BANC
94-CT-00434-SCT

Inner-Office, Inc. v. City of Jackson, Mississippi Appeal No. 9377273 from Judgment dated APRIL 08, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Inner-Office, Inc., denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Order entered.


EN BANC
94-CT-01231-SCT

Williams, Oceretta B. and Mississippi Employee Appeals Board v. Mississippi Department of Human Services Appeal No. 25194430CIV from Judgment dated OCTOBER 14, 1994, Hinds County Circuit Court, First Judicial District; Mississippi Department of Human Services' Petition for Writ of Certiorari dismissed as improvidently granted. Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Order entered.


EN BANC
95-DP-00407-SCT

Brown, Sherwood a/k/a Sherwood Dywane Brown v. State of Mississippi Appeal No. CR94201 from Judgment dated APRIL 07, 1995, DeSoto County Circuit Court; DISPOSITION - On Court's own motion, the disposition entered in this case on December 12, 1996 is corrected to read as follows: "COUNT I: Conviction of murder and Sentence of life imprisonment as an habitual offender in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of murder and Sentence of life imprisonment as an habitual offender in the custody of the Mississippi Department of Corrections Affirmed. Sentence in Count II shall run consecutively with sentence in Count I. COUNT III: 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., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur." Order entered.


EN BANC
96-BD-00944-SCT

Mississippi Bar v. Attorney TT Appeal No. 96-BD944 from Judgment dated SEPTEMBER 03, 1996; DISPOSITION - The Mississippi Bar's Formal Complaint against Attorney TT dismissed. Banks, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, McRae, Roberts, Smith and Mills, JJ., Concur. The Mississippi Bar is taxed with all costs of this appeal. Order entered.