Hand Down Lists
April 09, 1998
Michael P. Mills, J.
U 96-KA-00900-SCT
Shaw, Jeffery a/k/a Jeffrey Shaw v. State of Mississippi
Appeal No. CR950059 from Judgment dated JULY 17, 1996, Yalobusha County Circuit Court, Second Judicial District; Conviction of sale of a controlled substance (cocaine) and Sentence of twenty (20) years in the custody of the Mississippi Department of Corrections and payment of a $5,000.00 fine, payment of $250.00 to the Mississippi Crime Lab, payment of $100.00 to the Mississippi Crime Victims' Compensation Fund, payment of $300.00 in restitution to the office of Attorney General and all court costs Affirmed. Yalobusha County is taxed with all costs of this appeal.
Michael P. Mills, J.
U 96-KA-01188-SCT
Burns, Brian Scott v. State of Mississippi
Appeal No. 962111 from Judgment dated SEPTEMBER 16, 1996, Hinds County Circuit Court, First Judicial District; Conviction of aggravated assault and Sentence of twenty years, five years suspended, five years supervised probation, and fifteen years to serve, with conditions, in the custody of the Mississippi Department of Corrections Affirmed. Appellant shall be credited with jail time served. McRae, J., Concurs in result only. Hinds County is taxed with all costs of this appeal.
James W. Smith, J.
U 96-CA-01213-SCT
Meeks, Marion a/k/a Marion Edward Meeks v. State of Mississippi
Appeal No. CR9423 from Judgment dated OCTOBER 10, 1996, Tallahatchie County Circuit Court, First Judicial District; Denial of post-conviction relief Affirmed. Tallahatchie County is taxed with all costs of this appeal.
James W. Smith, J.
XX
96-KA-01251-SCT
Corry, David B. and Paul J. Corry v. State of Mississippi
Appeal No. 2519 from Judgment dated OCTOBER 18, 1996, Amite County Circuit Court; As to David B. Corry: Conviction of hunting deer without orange, hunting over bait and hunting without a valid license and payment of $100.00 fine on each offense Affirmed. As to Paul J. Corry: Hunting deer without orange and hunting without a valid license and payment of $100.00 fine on each offense Affirmed. McRae, J., Dissents with Separate Written Opinion. Appellants are taxed with all costs of this appeal.
James W. Smith, J.
U 97-CA-00039-SCT
Jones, Jethro v. State of Mississippi
Appeal No. 95610 from Judgment dated JUNE 04, 1996, Hinds County Circuit Court, First Judicial District; Denial of post-conviction relief Affirmed. Hinds County is taxed with all costs of this appeal.
James L. Roberts Jr., J.
U 96-KA-00690-SCT
Palm, Michael v. State of Mississippi
Appeal No. 4715 from Judgment dated JUNE 19, 1996, Scott County Circuit Court; Conviction of burglary of a dwelling house and Sentence of eight (8) years in the custody of the Mississippi Department of Corrections and Payment of a fine of $1,000.00 Affirmed. Appellant is given credit for jail time served. Newton County is taxed with all costs of this appeal.
James L. Roberts Jr., J.
U 96-KA-00886-SCT
McLemore, Joe W., Jr. v. State of Mississippi
Appeal No. 4438 from Judgment dated AUGUST 12, 1996, Newton County Circuit Court; Count I: Conviction of armed robbery and Sentence of twenty-five (25) years as an habitual offender in the custody of the Mississippi Department of Corrections Affirmed. Count II: Conviction of aggravated assault and Sentence of twenty (20) years as an habitual offender in the custody of the Mississippi Department of Corrections Affirmed. Count II is to run consecutively with Count I. McRae, J., Concurs in result only. Newton County is taxed with all costs of this appeal.
Michael Sullivan, P.J.
XX
96-CA-01199-SCT
Rockwell, Chris v. Preferred Risk Mutual Insurance Company and Rodney Minga
Appeal No. 95092 from Judgment dated OCTOBER 25, 1996, Itawamba County Circuit Court; Reversed and Remanded. Smith, J., Dissents with Separate Written Opinion joined by Mills, J. Roberts, J., Not Participating. Appellee is taxed with all costs of this appeal.
Lenore L. Prather, C.J.
X
97-KA-00095-SCT
Ellis, Robert Leon v. State of Mississippi
Appeal No. 27330 from Judgment dated MAY 28, 1993, Harrison County Circuit Court, First Judicial District; Conviction of murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Banks, J., Concurs in result only. Harrison County is taxed with all costs of this appeal.
EN BANC
92-CA-00829-SCT
Moeller, Armin J., Jr. and Fuselier, Ott & McKee, P. A., Louis Fuselier, Emile C. Ott and Curtiss McKee, Individually v. American Guarantee and Liability Insurance Company
Appeal No. 124266 from Judgment dated JULY 24, 1992, Hinds County Chancery Court, First Judicial District; DISPOSITION - Appellant's Motion for Rehearing denied. Prather, C.J., Not Participating. DISPOSITION - Appellee's Motion for Rehearing denied. Prather, C.J., Not Participating. DISPOSITION - Motion of Mississippi Defense Lawyers Association for Permission to Appear as Amicus Curiae of the Court to Request and Seek Reconsideration granted. Order entered. DISPOSITION - Motion of Mutual Service Casualty Insurance Company to Appear as Amicus Curiae to Seek Reconsideration granted. Order entered. DISPOSITION - Motion of Medical Assurance Company of Mississippi for Leave to File Amicus Curiae Brief on Petition for Rehearing and Brief in Support of Motion granted. Order entered. DISPOSITION - Motion of Mississippi Municipal Association and Mississippi Municipal Liability Plan for Leave to File an Amicus Curiae Brief granted. Order entered. DISPOSITION - Motion of Mississippi Farm Bureau Mutual Insurance Company, Mississippi Farm Bureau Casualty Insurance Company, Southern Farm Bureau Casualty Company, United States Fidelity and Guaranty Company of Mississippi, American Insurance Association and National Association of Independent Insurers for Leave to File Amicus Curiae Brief granted. Order entered.
EN BANC
93-DP-00263-SCT
Holly, William Joseph v. State of Mississippi
Appeal No. 6336 from Judgment dated MARCH 03, 1993, Grenada County Circuit Court; DISPOSITION - Holly's Motion to Stay Execution Date Pending Disposition of Petition for Post-Conviction Relief denied. Order entered.
EN BANC
93-BA-00295-SCT
Alexander, Firnist J. v. The Mississippi Bar
Appeal No. 89B1238 from Judgment dated DECEMBER 09, 1992, Complaint Tribunal; DISPOSITION - On Court's own motion, Firnist J. Alexander shall not be readmitted to the practice of law before the courts of Mississippi until such time as all orders of suspension have expired, he has taken and passed the Bar examination, and has complied with all outstanding orders of this Court. Prior to applying for readmission, Alexander shall file with this Court sufficient evidence that he has passed the Bar examination and has complied with all outstanding orders, specifically including payment to the Stewarts and to the Bar of all sums owed pursuant to this Court's orders. A certified copy of this order shall be forwarded to the Bar and to Firnist J. Alexander and filed in each open matter relating to Alexander's practice and discipline pending before this Court. Banks and McRae, JJ., Dissent. Order entered.
EN BANC
93-DP-01173-SCT
Evans, Donald Leroy v. State of Mississippi
Appeal No. 26486 from Judgment dated SEPTEMBER 18, 1993, Harrison County Circuit Court, First Judicial District; DISPOSITION - State's Motion to Reset Execution Date granted. May 20, 1998, is hereby set as the date for execution of the appellant in the manner provided by law. McRae, J., Not Participating. Order entered.
EN BANC
95-CT-00475-SCT
Hamilton, Michael a/k/a Michael Brown a/k/a Michael Ray Hamilton a/k/a Fuzzy Hamilton v. State of Mississippi
Appeal No. 9328019 from Judgment dated MARCH 29, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Appellant denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Roberts, Smith and Mills, JJ. To Grant: Banks, McRae and Waller, JJ. Order entered.
EN BANC
95-CT-00628-SCT
Barrett & Company and Richard Barrett v. Jackson Paper Company
Appeal No. 95174 from Judgment dated MAY 09, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Barrett & Company denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Order entered. DISPOSITION - Petition for Writ of Certiorari of Petitioner, Richard Barrett, Appearing Specially, Contesting Jurisdiction, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Order entered. CONSOLIDATED WITH: 95-CT-00858-SCT - Barrett & Company and Richard Barrett v. Jackson Paper Company; Appeal No. 95488 from Judgment dated JULY 28, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Barrett & Company denied. To Deny: Prather, C.J., Sullivan and Prather, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Order entered. DISPOSITION - Petition for Writ of Certiorari of Petitioner, Richard Barrett, Appearing Specially, Contesting Jurisdiction, 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-DP-00866-SCT
Underwood, Justin v. State of Mississippi
Appeal No. 2246 from Judgment dated MAY 25, 1995, Madison County Circuit Court; DISPOSITION - Motion for Rehearing denied. Banks, J., would Grant. Waller, J., Not Participating.
EN BANC
95-CT-00894-SCT
Garrett, J. L. and Noma Garrett v. Charles Hudson and Loretta Hudson
Appeal No. 11214 from Judgment dated JULY 26, 1995, Tishomingo County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by appellants denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Smith, Mills and Waller, JJ. Not Participating: Roberts, J. Order entered.
EN BANC
95-CT-00908-SCT
Ricks, Juanita v. Mississippi State Department of Health
Appeal No. 940005 from Judgment dated AUGUST 02, 1995, Neshoba County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by the Mississippi State Department of Health granted. To Grant: All Justices. Order entered.
EN BANC
95-CT-01179-SCT
Horton, Joseph v. State of Mississippi
Appeal No. V4382 from Judgment dated JULY 28, 1995, Hinds County Circuit Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Joseph Horton denied. To Deny: All Justices. Order entered.
EN BANC
96-CT-00119-SCT
Gilder, Gatlin a/k/a Gatlin Gladney Gilder, Jr. a/k/a Gatlin Gladney Gilder v. State of Mississippi
Appeal No. CR95306 from Judgment dated JANUARY 26, 1996, DeSoto County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Appellant denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Order entered. CONSOLIDATED WITH: 96-CT-00131-SCT - 1983 Ford Pick-Up Truck VIN#1FTCF10Y3DlA05575; Real Property located at 7653 Cherry Valley, Lot 2671, Southaven West Subdivision, Southaven, Mississippi; Kroger Retirement Fund and the Kroger 401K Funds; The National Guard Retirement Account; and 1992 Chevrolet Silverado v. State of Mississippi; Appeal No. CR95306 from Judgment dated FEBRUARY 06, 1996, DeSoto County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Appellants 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-CT-00597-SCT
Taylor, Allen a/k/a "Mookey" v. State of Mississippi
Appeal No. 952254 from Judgment dated MARCH 04, 1996, Choctaw County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Allen Taylor a/k/a "Mookey" denied. To Deny: All Justices. Order entered.
EN BANC
96-CT-00640-SCT
Lamar Life Insurance Company v. Ed Buelow, Jr., Commissioner, Mississippi State Tax Commission
Appeal No. G95466 from Judgment dated JUNE 11, 1996, Hinds County Chancery Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Lamar Life Insurance Company denied. To Deny: All Justices. Order entered.
EN BANC
XX
96-CA-00646-SCT
Allyn, D. Lancy, M. D.; Daryl Behrens; Richard Brown; Charlotte Brown; E. Lee Butler, Individually and as Trustee of the E. Lee Butler, P. A., Profit Sharing Trust; Elizabeth Butler; James Casto; Guy E. Evans; Opal Herrin; J. Myron Lord, M. D.; Shane Moor v. William C. Wortman; Richard J. Lawrence; Thomas A. Lettero; Charles A. Brewer; Robert K. Gray; James S. Mush; Renate Schiff; Jack R. Crawford; John H. Harvey; John G. Kinnard & Company, Inc.; Thomas Joseph Mulvaney; Daniel Raymond Sass; Lee Scott Felicett
Appeal No. 95865CIV from Judgment dated APRIL 09, 1996, Hinds County Circuit Court, First Judicial District; Affirmed. Mills, J., Sullivan and Pittman, P.JJ., Banks, Roberts and Smith, JJ., Concur. Prather, C.J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion. Waller, J., Not Participating. Appellant is taxed with all costs of this appeal.
EN BANC
UU 96-CA-00832-SCT
Hall, James v. Mississippi Department of Public Safety
Appeal No. 9400290 from Judgment dated JULY 03, 1996, Harrison County Circuit Court, First Judicial District; Affirmed. Smith, J., Prather, C.J., Pittman, P.J., Banks, Roberts and Mills, JJ., Concur. Waller, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J. Appellant is taxed with all costs of this appeal.
EN BANC
XXX
96-CA-01351-SCT
Mississippi, State of v. Baptist Memorial Hospital-Golden Triangle
Appeal No. 96388CR from Judgment dated NOVEMBER 13, 1996, Lowndes County Circuit Court; Reversed and Remanded for further proceedings consistent with the Opinion of this Court. Roberts, J., Pittman, P.J., Smith, Mills and Waller, JJ., Concur. Banks, J., Dissents with Separate Written Opinion joined by McRae, J. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J. Prather, C.J., Not Participating. Appellee is taxed with all costs of this appeal.