Mississippi Supreme Court

Hand Down Lists
March 26, 1998

03/26/1998 - Hand Down and published opinions in WordPerfect/ZIP format

William L. Waller, Jr., J.
U 96-CA-01003-SCT

Ramirez, Baltazar a/k/a Morfin R. Baltazar a/k/a Baltazar Morfin Ramirez a/k/a Morfin Ramirez Baltazar a/k/a Baltazar Murphy Ramirez v. State of Mississippi Appeal No. PC960008 from Judgment dated AUGUST 19, 1996, Pearl River County Circuit Court; Lower court's denial of post-conviction relief Affirmed. Sullivan, P. J., Concurs in result only. Pearl River County is taxed with all costs of this appeal.


William L. Waller, Jr., J.
X 96-CA-01180-SCT

IN THE INTEREST OF J. E., A Minor Child: M. D. H. v. State of Mississippi Appeal No. 7282 from Judgment dated SEPTEMBER 26, 1996, Harrison County Family Court; Reversed and Remanded. McRae, J., Concurs in result only. Appellee is taxed with all costs of this appeal. DISPOSITION - State of Mississippi's Motion for Expedited Appeal denied. Order entered.


James L. Roberts Jr., J.
XX 96-KA-01227-SCT

Williams, C. L. v. State of Mississippi Appeal No. 9814 from Judgment dated OCTOBER 28, 1996, Jones County Circuit Court, Second Judicial District; Conviction of felony DUI and Sentence of five (5) years as an habitual offender in the custody of the Mississippi Department of Corrections, with forty-two (42) months suspended, leaving eighteen (18) months to serve, with conditions, and payment of a fine of two thousand ($2,000.00) dollars and court costs Affirmed. Banks, J., Concurs with Separate Written Opinion joined by Prather, C.J., Sullivan, P.J., and McRae, J. Jones County is taxed with all costs of this appeal.


EN BANC
92-CT-00976-SCT

Hickson, Brian Clayton v. State of Mississippi Appeal No. 7697 from Judgment dated AUGUST 20, 1992, Jones County Circuit Court, Second Judicial District; DISPOSITION - Motion for Rehearing denied. Pittman, P.J., Roberts, Smith and Mills, JJ., would grant.


EN BANC
94-KA-00402-SCT

Beckwith, Byron De La, VI v. State of Mississippi Appeal No. 903495 from Judgment dated FEBRUARY 05, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., Would Grant. Prather, C.J., Banks, McRae and Waller, JJ., Not Participating.


EN BANC
94-CA-00669-SCT

Murphree, David L. v. Federal Insurance Company and Institute for Technology Development, Inc. Appeal No. 17847 from Judgment dated JULY 05, 1994, Oktibbeha County Circuit Court; DISPOSITION - Motion for Rehearing denied. Prather, C.J., and Waller, J., Not Participating.


EN BANC
X 94-CT-00879-SCT

Ramos, Jorge a/k/a Jorge Antonio Ramos v. State of Mississippi Appeal No. 9310698 from Judgment dated AUGUST 12, 1994, Jackson County Circuit Court; Reversed and Remanded. Roberts, J., Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Smith, Mills and Waller, JJ., Concur. Jackson County is taxed with all costs of this appeal.


EN BANC
X 94-CC-01028-SCT

Burks, Alvin v. Amite County School District Appeal No. 10594 from Judgment dated SEPTEMBER 15, 1994, Amite County Chancery Court; Judgment Affirmed. McRae, J., Pittman, P.J., Banks, Roberts, Smith and Mills, JJ., Concur. Prather, C.J., Sullivan, P.J., and Waller, J., Not Participating. Appellant is taxed with all costs of this appeal.


EN BANC
94-CT-01045-SCT

Martin, Larry a/k/a Larry Leon Martin v. State of Mississippi Appeal No. 4530 from Judgment dated AUGUST 12, 1994, Rankin County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Larry Martin a/k/a Larry Leon Martin denied. To Deny: All Justices. Order entered.


EN BANC
95-CT-00869-SCT

Campbell, Clyde v. State of Mississippi Appeal No. 9041 from Judgment dated JULY 20, 1990, Adams County Circuit Court; DISPOSITION - Clyde Campbell's Petition for Writ of Certiorari and supplemental petition denied. To Deny: All Justices. Order entered.


EN BANC
95-CT-01054-SCT

Holley, Ronald v. State of Mississippi Appeal No. 9400660 from Judgment dated SEPTEMBER 20, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Ronald Holley denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Order entered.


EN BANC
95-CT-01093-SCT

Edwards, Terry Eugene v. State of Mississippi Appeal No. 943108 from Judgment dated OCTOBER 04, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Terry Eugene Edwards denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Order entered.


EN BANC
XX 95-CA-01294-SCT

Lane, Dorothy A. v. Grand Casinos of Mississippi, Inc. - Gulfport Appeal No. 9400408 from Judgment dated AUGUST 25, 1995, Harrison County Circuit Court, First Judicial District; Judgment Affirmed. Smith, J., Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Mills and Waller, JJ., Concur. McRae, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal.


EN BANC
95-CA-01374-SCT

Jenkins, William Wayne v. State of Mississippi Appeal No. CV95301 from Judgment dated DECEMBER 13, 1995, DeSoto County Circuit Court; DISPOSITION - Motion for permission to file out-of-time rehearing denied. Order entered.


EN BANC
X 96-BD-00106-SCT

Mississippi Bar, The v. Kenneth A. Pels, Sr. Appeal No. 96BD106 from Judgment dated FEBRUARY 12, 1996; Kenneth A. Pels, Sr., is hereby suspended from the practice of law for a period of thirty (30) days, effective this date, and shall be automatically reinstated at the end of the thirty (30) day suspension period. Banks, J., Prather, C.J., Sullivan and Pittman, P.JJ., McRae, Roberts, Smith, Mills and Waller, JJ., Concur. Pels is taxed with all costs of this appeal. DISPOSITION - Respondent's Motion to Dismiss denied. Order entered. DISPOSITION - Respondent's Motion for Stay of this Court's action denied. Order entered.


EN BANC
96-CT-00259-SCT

Gilmore, Jeffery E. v. Terminix Service and The Insurance Company of the State of Pennsylvania Appeal No. 96001 from Judgment dated FEBRUARY 07, 1996, Lee County Circuit Court; Jeffery Gilmore's Petition for Writ of Certiorari, improvidently granted on December 31, 1997, is hereby vacated, and the petition for writ of certiorari is denied and dismissed. Roberts, J., Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Smith, Mills and Waller, JJ., Concur. McRae, J., Dissents. Order entered.


EN BANC
96-CT-00331-SCT

Knighton, Kathy Wood and Gail Wood Speck v. Rex M. Deloach and wife, Ruthann Ray, and United Southern Bank Appeal No. 94382 from Judgment dated FEBRUARY 16, 1996, Lafayette County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Kathy Wood Knighton and Gail Wood Speck denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Order entered.


EN BANC
96-M -00851-

Patrick, Raymond v. State of Mississippi Appeal No. MK95059 Marshall County Circuit Court; DISPOSITION - Patrick's Motion to Reconsider Denial of Petition for Interlocutory Appeal by Permission granted. All proceedings in the trial court are stayed pending resolution of this interlocutory appeal; appeal is hereby expedited; the record on appeal shall be prepared, transmitted and filed in accordance with M.R.A.P. 10, 11 and 13, except that the time for filing the record is set by this Order, and the record shall be filed with this Court within fourteen (14) days of this Order; the Brief of Petitioner/Appellant shall be filed within twenty (20) days after the date on which the record is filed; the Brief of Respondent/Appellee shall be filed within ten (10) days after service of the Brief of Petitioner/Appellant; the Reply Brief of Petitioner/Appellant, if any, shall be filed within seven (7) days after service of the Brief of Respondent/Appellee; and, any request for oral argument shall be filed on or before the date for filing of the last brief due under this schedule. To Grant: Prather, C.J., Sullivan, P.J., Banks, McRae and Waller, JJ. Would Deny: Pittman, P.J., Roberts, Smith and Mills, JJ. Order entered.