Mississippi Supreme Court

Hand Down Lists
April 10, 1997

04/10/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
X 94-CA-00230-SCT

Arthur, Jerry L. v. Peggy O. Arthur Appeal No. 32020 from Judgment dated DECEMBER 16, 1993, Madison County Chancery Court; Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part for Proceedings Consistent with the Opinion of this Court. Appellant and Appellee are taxed equally with all costs of this appeal.


Michael P. Mills, J.
XX 94-CA-01008-SCT

Richmond, Ernest v. Benchmark Construction Corp. Appeal No. 9376428 from Judgment dated SEPTEMBER 19, 1994, Hinds County Circuit Court, First Judicial District; Affirmed. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J. Appellant is taxed with all costs of this appeal.


Michael P. Mills, J.
U 94-KP-01218-SCT

Sneed, Brian v. State of Mississippi Appeal No. 5262 from Judgment dated NOVEMBER 15, 1994, Quitman County Circuit Court; Affirmed. Appellant is taxed with all costs of this appeal.


James W. Smith, J.
U 95-KA-00167-SCT

Billups, Anthony v. State of Mississippi Consolidated with: 95-KA-00247-SCT; Appeal No. 94040CV1 from Judgment dated JANUARY 10, 1995, Lowndes County Circuit Court; CONSOLIDATED WITH: 95-KA-00247-SCT Anthony Billups v. State of Mississippi; Appeal No. 94039CV1 from Judgment dated FEBRUARY 15, 1995, Lowndes County Circuit Court; Denial of Post-Conviction Relief Affirmed. Lowndes County is taxed with all costs of this appeal.


James W. Smith, J.
95-KA-00247-SCT

Billups, Anthony v. State of Mississippi Consolidated with: 95-KA-00167-SCT; Appeal No. 94040CV1 from Judgment dated JANUARY 10, 1995, Lowndes County Circuit Court; CONSOLIDATED WITH: 95-KA-00247-SCT Anthony Billups v. State of Mississippi; Appeal No. 94039CV1 from Judgment dated FEBRUARY 15, 1995, Lowndes County Circuit Court; Denial of Post-Conviction Relief Affirmed. Lowndes County is taxed with all costs of this appeal.


James W. Smith, J.
U 95-KP-00186-SCT

Smith, Roy a/k/a Roy Vernon Smith v. State of Mississippi Appeal No. 15387 from Judgment dated JANUARY 25, 1995, Attala County Circuit Court; Denial of Post-Conviction Relief Affirmed. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
X 94-CA-00870-SCT

Anderson, Susan v. John Anderson, Sr. Appeal No. 34341 from Judgment dated AUGUST 04, 1994, Warren County Chancery Court; Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
X 94-KP-01194-SCT

Connell, James v. State of Mississippi Appeal No. 8185 from Judgment dated NOVEMBER 15, 1994, Neshoba County Circuit Court; Lower Court's Denial of Post-Conviction Relief Affirmed. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
X 95-KA-00048-SCT

Osborn, John K. a/k/a John Kenny Osborn v. State of Mississippi Appeal No. CR9122 from Judgment dated DECEMBER 20, 1994, Panola County Circuit Court, First Judicial District; Lower Court's Denial of Post-Conviction Relief Affirmed. Panola County is taxed with all costs of this appeal.


EN BANC
X 92-KA-00933-SCT

Fisher, Derrick T. v. State of Mississippi Appeal No. 91100893 from Judgment dated AUGUST 05, 1992, Jackson County Circuit Court; DISPOSITION - Motion for Rehearing denied. Mills, J., Specially Concurs with Separate Written Opinion joined by Roberts and Smith, JJ.


EN BANC
XX 93-CC-00521-SCT

Mississipppi Transportation Commission v. Glover I. Dewease Appeal No. 7676 from Judgment dated APRIL 05, 1993, Neshoba County Circuit Court; Motions for Rehearing denied. The original opinions in this case are withdrawn and these opinions are substituted therefor. Direct Appeal: Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part for proceedings consistent with the Opinion of this Court. Cross-Appeal: Affirmed. McRae, J., Lee, C.J., Prather, P.J., Pittman, Roberts and Smith, JJ., Concur. Mills, J., Concurs in result only. Sullivan, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Banks, J. DISPOSITION - Motion for Writ of Mandamus filed by the Mississippi Transportation Commission is remanded to the Circuit Court of Neshoba County, Mississippi, for hearing and disposition. Order entered. DISPOSITION - Motion to Substitute Motion to Compel Production of Transcript in Place of Motion for Writ of Mandamus remanded to the Circuit Court of Neshoba County, Mississippi, for hearing and disposition. Order entered. DISPOSITION - Motion to Strike the Motion of Honorable Richard E. Wilbourn, III, together with his testimony on the grounds that the transcript he has requested from Neshoba County has nothing to do with the record in the above styled cause is remanded to the Circuit Court of Neshoba County, Mississippi, for hearing and disposition. Order entered. DISPOSITION - Motion for Leave to Intervene and Amicus Brief in Support of the Mississippi Transportation Commission's Motion for Rehearing filed by Mississippi Manufacturers' Association denied. Prather, P.J., and Smith, J., would grant. Order entered.


EN BANC
XXX 93-DP-00619-SCT

Lester, Gerry Lynn v. State of Mississippi Appeal No. 921012 from Judgment dated MARCH 01, 1993, Hinds County Circuit Court, First Judicial District; Reversed and Remanded to the Circuit Court of Hinds County for a new trial. Sullivan, P.J., Lee, C.J., Prather, P.J., and McRae, J., Concur. Pittman, J., Concurs in result only. Banks, J., Concurs with Separate Written Opinion. Mills, J., Specially Concurs with Separate Written Opinion joined by Pittman, Roberts and Smith, JJ. Hinds County is taxed with all costs of this appeal.


EN BANC
93-CT-00274-SCT

Jordan, John Lee v. State of Mississippi Appeal No. 914280 from Judgment dated JANUARY 08, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by John Lee Jordan granted. To Grant: Sullivan, P.J., Pittman, Banks and McRae, JJ. To Deny: Lee, C.J., Prather, P.J., Roberts, Smith and Mills, JJ. Order entered.


EN BANC
93-CA-01110-SCT

Bruce (Krupica), Patricia L. v. James B. Bruce Appeal No. 26038 from Judgment dated AUGUST 26, 1993, Lowndes County Chancery Court; DISPOSITION - Children's and Wife/Appellant's Motion to Reconsider Tie Vote and for Alternate Relief denied. Prather, P.J., and Pittman, J., would grant. Mills, J., Not Participating. Order entered.


EN BANC
93-KA-01183-SCT

Herring, Rico v. State of Mississippi Appeal No. CR90118CP2 from Judgment dated OCTOBER 08, 1993, Panola County Circuit Court, Second Judicial District; DISPOSITION - Motion for Rehearing Denied.


EN BANC
94-CT-00221-SCT

Striebeck, Ruth Ann v. John Howard Provenza Appeal No. 54364 from Judgment dated FEBRUARY 03, 1994, Washington County Chancery Court; CONSOLIDATED WITH: 94-CT-00421-SCT Ruth Ann Striebeck v. John Howard Provenza; Appeal No. 49455 from Judgment dated FEBRUARY 10, 1994, Washington County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by John Howard Provenza denied. To Deny: All Justices. Order entered.


EN BANC
94-CT-00241-SCT

Drexler, Theresa M., as Mother and Next Friend of Allana Drexler, a minor v. John P. Smith, Jr. and Genevia C. Smith Appeal No. 91261 from Judgment dated JANUARY 28, 1994, DeSoto County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Theresa M. Drexler denied. To Deny: All Justices. Order entered.


EN BANC
94-KA-00565-SCT

Collins, James Lee v. State of Mississippi Appeal No. 93103BT from Judgment dated JUNE 06, 1994, Tate County Circuit Court; DISPOSITION - Motion for Rehearing Denied. Lee, C.J., would grant.


EN BANC
UUU 94-CA-00578-SCT

Brown, Mary Lou v. Dennis Adams, M. D., the Estate of Lloyd G. Berrong, M. D. and Simpson General Hospital Appeal No. 18720 from Judgment dated JUNE 10, 1994, Simpson County Circuit Court; Judgment Affirmed. Smith, J., Lee, C.J., Prather, P.J., Roberts and Mills, JJ., Concur. Sullivan, P.J., Dissents with Separate Written Opinion joined by Pittman and McRae, JJ. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J. Appellant is taxed with all costs of this appeal.


EN BANC
XX 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; Affirmed in Part; Reversed and Remanded in Part. Roberts, J., Lee, C.J., Sullivan, P.J., Pittman, Banks and Smith, JJ., Concur. McRae, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Prather, P.J., and Mills, J., Not Participating. Appellant and Appellee are taxed equally with all costs of this appeal.


EN BANC
94-CT-00715-SCT

Boykin, Gary v. State of Mississippi Appeal No. CR940029 from Judgment dated JULY 20, 1994, Panola County Circuit Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Gary Boykin denied. To Deny: All Justices. Order entered.


EN BANC
94-CA-01101-SCT

Lane, Ruth M. v. James B. Lane Appeal No. 94052 from Judgment dated OCTOBER 18, 1994, Marshall County Chancery Court; DISPOSITION - Motion for Rehearing Denied.


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; DISPOSITION - Mississippi Department of Human Services' Petition for Rehearing on the order of dismissal of the petition for certiorari denied. Order entered.


EN BANC
94-CT-01291-SCT

Shutt, Gordon Keith v. Dale's Restaurant and Aetna Casualty & Surety Company Appeal No. CV94289 from Judgment dated DECEMBER 05, 1994, Lee County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Gordon Keith Shutt denied. To Deny: All Justices. Order entered.


EN BANC
95-CT-00458-SCT

Jones, Amy Renee v. State of Mississippi Appeal No. CR94271 from Judgment dated APRIL 25, 1995, DeSoto County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Amy Renee Joned denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J. Order entered.


EN BANC
95-CT-00871-SCT

Mays, Jr., Percy a/k/a "Pete" a/k/a "Pedro" a/k/a Percy Lee Mays, Jr. v. State of Mississippi Appeal No. CR9583 from Judgment dated AUGUST 11, 1995, Tate County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Percy Mays, Jr., denied. To Deny: All Justices. Order entered.


EN BANC
96-CC-00507-SCT

Mississippi Commission on Judicial Performance v. Frank A. Russell Appeal No. 94146 from Judgment dated MAY 10, 1996, Commission On Judicial Performance; DISPOSITION - Motion for Rehearing Denied. Lee, C.J., would grant. McRae, Roberts and Mills, JJ., Not Participating.