Mississippi Supreme Court

Hand Down Lists
March 28, 1996

03/28/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
U 92-CA-00878-SCT

Lumpkin, Lynda Diane v. Winn-Dixie of Louisiana, Inc. Appeal No. 20819 from Judgment dated MAY 19, 1992, Harrison County Circuit Court, First Judicial District; Reversed and Remanded for Proceedings consistent with the opinion of this Court. Appellee is taxed with all costs of this appeal. DISPOSITION - Lumpkin's Motion for Leave to Supplement the Record denied. DISPOSITION - Winn-Dixie's Motion for Leave to Supplement the Record denied.


Michael P. Mills, J.
X 92-CA-00883-SCT

JOHNSON, DECEASED, IN THE MATTER OF THE ESTATE OF ROBERT L.: Claud L. Johnson v. Robert M. Harris and Annye C. Anderson Appeal No. E830 from Judgment dated JUNE 22, 1992, Leflore County Chancery County; Reversed and Remanded for proceedings consistent with the opinion of this Court. Appellee is taxed with all costs of this Appeal. DISPOSITION - Appellee's Motion to Strike the Appellant's Reply Brief granted. The affidavit of Appellant Stephen C. LaVere is striken and all references to the affidavit found in the Appellant's Reply Brief are striken. Order entered. DISPOSITION - Appellee's Motion in Opposition to Oral Argument by George V. Ball dismissed as moot. Order entered.


James W. Smith, J.
U 92-CA-00621-SCT

Hudson, Evelyn v. Dr. Steve Parvin Appeal No. 12385 from Judgment dated MAY 21, 1992, Winston County Circuit Court; Judgment is Affirmed. McRae, J., Not Participating. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
93-KA-00196-SCT

Jenkins, David a/k/a Heavy-D v. State of Mississippi Appeal No. 15800 from Judgment dated JANUARY 14, 1993, Forrest County Circuit Court; Before Prather, P.J., Roberts and Mills, JJ.: Conviction of sale of a controlled substance and Sentence of thirty (30) years, as an Habitual Offender, in the custody of the Mississippi Department of Corrections Affirmed. Pittman, J., Not Participating. Forrest County is taxed with all costs of this appeal.


James L. Roberts Jr., J.
93-KP-00340-SCT

Carver, Jr., Lawrence v. State of Mississippi Appeal No. PC40 from Judgment dated MARCH 19, 1993, Pearl River County Circuit Court; Before Prather, P.J., Roberts and Mills, JJ.: Lower Court's Denial of Post Conviction Relief Affirmed. Pearl River County is taxed with all costs of this appeal.


Chuck McRae, J.
X 92-CA-00552-SCT

Craddock, Sr., George H. v. William J. Brinkley, III Appeal No. 11015 from Judgment dated OCTOBER 30, 1991, Tishomingo County Chancery Court; Judgment is Affirmed. Roberts, J., Not Participating. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
93-KP-00164-SCT

Ryals, Joel Dennon v. State of Mississippi Appeal No. 14767 from Judgment dated JANUARY 19, 1993, Forrest County Circuit Court; Before Dan Lee, C.J., McRae and Smith, JJ.: Lower Court's denial of Post-Conviction Relief is Affirmed. Pittman, J., Not Participating. Forrest County is taxed with all costs of this appeal.


Chuck McRae, J.
94-CA-01138-SCT

Sharp, Le'Veta L. v. Kenneth E. Sharp, Jr. Appeal No. 940226 from Judgment dated OCTOBER 03, 1994, Warren County Chancery Court; Before Dan Lee, C.J., McRae and Smith, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellee's Motion to Strike dated June 30, 1995, granted. Order entered. DISPOSITION - Appellee's Second Motion to Strike dated September 18, 1995, granted. Order entered.


Edwin Lloyd Pittman, J.
92-KA-01222-SCT

Fairley, John Cal v. State of Mississippi Appeal No. 38411 from Judgment dated NOVEMBER 23, 1992, Jefferson Davis County Circuit Court; Before Prather, P.J., Pittman and Roberts, JJ.: Conviction of vehicular homicide and Sentence of five (5) years, with conditions, in the custody of the Mississippi Department of Corrections Affirmed. Appellant is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 92-KP-01205-SCT

Bedwell, Jr., Bennett v. State of Mississippi Appeal No. PC22 from Judgment dated OCTOBER 19, 1992, Marion County Circuit Court; Lower Court's denial of Motion for Post-Conviction Relief is Affirmed. Marion County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 92-KP-01265-SCT

Bowens, McArthur v. State of Mississippi Appeal No. 2320 from Judgment dated NOVEMBER 07, 1991, Tunica County Circuit Court; Lower Court's denial of Motion for Post-Conviction Relief is Affirmed. Tunica County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 93-CC-00615-SCT

Barnett, Jessie v. Mississippi Employment Security Commission and Howard Industries, Inc Appeal No. 1999 from Judgment dated APRIL 07, 1993, Jasper 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.


Lenore L. Prather, P.J.
X 92-CA-00769-SCT

McBride, Gregory v. Chevron U. S. A., A Foreign Corp. Appeal No. 90459 from Judgment dated OCTOBER 31, 1991, Jones County Circuit Court, Second Judicial District; Affirmed in Part; Reversed and Remanded in Part for assessment of damages calculation. Statutory damages and interest are awarded on the reassessment of damages calculation. Mills, J., Not Participating. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
X 93-CA-00317-SCT

Ross-King-Walker, Inc. v. Helen Henson and Triple A Painting, Inc. Appeal No. 119922 from Judgment dated OCTOBER 30, 1992, Lamar County Circuit Court; On Direct Appeal: Judgment is Affirmed. On Cross-Appeal: The judgment of remittitur is reversed and the original jury verdict is reinstated. Statutory damages and interest are awarded. Appellant is taxed with all costs of this appeal.


EN BANC
X 91-CA-01216-SCT

Pannell, David, as Administrator of the Estate of Shelly Pannell, Deceased; David Pannell and Betty Pannell, Individually, as Wrongful Death Beneficiaries of Shelly Pannell v. Beverly Guess, Lisa Thompson, Lana Pannell and Mark Pannell Appeal No. 42164 from Judgment dated SEPTEMBER 17, 1991, Lee County Chancery Court; Affirmed in Part; Reversed and Remanded in Part. Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae and Smith, JJ., Concur. Roberts and Mills, JJ., Not Participating. Appellants and Appellees are taxed equally with all costs of this appeal.


EN BANC
X 92-KA-00659-SCT

Whitworth, James Robert v. State of Mississippi Appeal No. CR91166CD from Judgment dated MAY 26, 1992, DeSoto County Circuit Court; Conviction of manufacturing less than one (1) kilogram but more than one (1) ounce of marihuna, a controlled substance, within 1500 feet of a building which is all or part of a public elementary school and Sentence of twenty (20) years, as an habitual offender, in the custody of the Mississippi Department of Corrections and Payment of a $5,000.00 fine and all costs Affirmed. Pittman, J., Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


EN BANC
XX 92-CA-00690-SCT

Terex Corporation v. Ingalls Shipbuilding, Inc. Appeal No. 8951742 from Judgment dated MARCH 02, 1992, Jackson County Circuit Court; On Direct Appeal: Affirmed in Part; Reversed and Rendered in Part for proceedings consistent with the opinion of this Court. This Court grants a remittitur of $96,074. On Cross- Appeal: Affirmed as to the denial of attorneys fees. Reversed and Rendered as to the denial of prejudgment interest to Ingalls. Smith, J., Sullivan, P.J., Pittman, Banks, Roberts and Mills, JJ., Concur. Lee, C.J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion. Prather, P.J., Not Participating. Appellant and Appellee are taxed equally with all costs of this appeal.


EN BANC
92-CA-00808-SCT

National Farmers Union Property & Casualty Company v. First Columbus National Bank Appeal No. 18284 from Judgment dated JULY 24, 1992, Lowndes County Circuit Court; DISPOSITION - Petition for Rehearing denied. Lee, C.J., Prather, P.J., and McRae, J., Not Participating.


EN BANC
92-KA-00941-SCT

Gordon, Johnny a/k/a John Frank Gordon a/k/a Johnny Frank Gordon v. State of Mississippi Appeal No. 22384 from Judgment dated JULY 17, 1992, Washington County Circuit Court; DISPOSITION - Petition for Rehearing denied. Lee, C.J., Pittman and McRae, JJ., Not Participating.


EN BANC
X 93-IA-00072-SCT

Cook, Joe Bruce, Billy Hardy James a/k/a "Bubba" James, Larry Brown and Carl Wayne James v. State of Mississippi Appeal No. 5228 from Judgment dated JANUARY 08, 1993, Quitman County Circuit Court; Judgment of Trial Court's Order Vacated. Reversed and Remanded. Pittman, J., Lee, C.J., Prather and Sullivan, P.JJ., Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Quitman County is taxed with all costs of this appeal.


EN BANC
93-KA-00579-SCT

Truitt, Eugene v. State of Mississippi Appeal No. 7711 from Judgment dated MAY 11, 1993, Bolivar County Circuit Court, Second Judicial District; DISPOSITION - Petition for Rehearing denied. Lee, C.J., and McRae, J., Not Participating.


EN BANC
93-CT-00823-COA

Gross, Denise, Individually and as Next Friend and Natural Parent and Guardian of Amanda Gross and Michael Gross v. Melvin Pride Appeal No. CV92111BP2 from Judgment dated MAY 21, 1993, Panola County Circuit Court, Second Judicial District; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ. Pittman and McRae, JJ., would grant. Order entered.


EN BANC
XX 95-CA-01026-SCT

Hinds County Election Commission, Connie Cochran, Chairman, J. W. "Jim" Taylor, Lelia Rhodes, Margaret McLarty and Ruth Shirley v. Henry L. Brinston Appeal No. 95831 from Judgment dated OCTOBER 06, 1995, Hinds County Circuit Court, First Judicial District; Reversed and Rendered. McRae, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman and Smith, JJ., Concur. Banks, J., Dissents with Separate Written Opinion joined by Roberts, J. Mills, J., Not Participating. Appellee is taxed with all costs of this appeal.