Mississippi Supreme Court

Hand Down Lists
April 11, 1996

04/11/1996 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
92-CA-01350-SCT

Hersey, Ella v. George M. House Appeal No. 91045RL from Judgment dated NOVEMBER 25, 1992, Lee County Circuit Court; Before Dan Lee, C.J., McRae and Smith, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
92-KA-01138-SCT

Witherspoon, Anthony C. v. State of Mississippi Appeal No. 13950 from Judgment dated NOVEMBER 05, 1992, Pike County Circuit Court; Before Prather, P.J., Roberts and Mills, JJ.: Conviction of manslaughter and Sentence of twenty (20) years, with the last five (5) years suspended and appellant placed on probation for five (5) years, in the custody of the Mississippi Department of Corrections Affirmed. Appellant is to pay restitution to the victim's family for funeral expenses and all costs. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
X 92-CC-01230-SCT

Mississippi Real Estate Commission v. Ruby Hennessee Appeal No. 9272197 from Judgment dated OCTOBER 27, 1992, Hinds County Circuit Court, First Judicial District; Reversed and Rendered reinstating the Mississippi Real Estate Commission's suspension. Appellee is taxed with all costs of this appeal.


Chuck McRae, J.
X 92-CA-01346-SCT

Board of Law Enforcement Officers Standards and Training, The v. Willard Harold Butler Appeal No. 92321 from Judgment dated DECEMBER 10, 1992, Tippah County Chancery Court; Reversed and Remanded for proceedings consistent with the Opinion of this Court. Roberts, J., Not Participating. Appellee is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 92-CA-00723-SCT

City of McComb City, Pike County, Mississippi, In The Matter of the Extension of the Boundaries of the: Bernell Simmons, Marguerite Statham, Becky Ray, Philip C. Monier, Norma M. Monier, K. C. Malsbury, L. P. DeCoux, Lenore Harvey, Mamie Schmidt Smith, R v. City of McComb City, Mississippi Appeal No. 35120 from Judgment dated JANUARY 10, 1992, Pike County Chancery Court; Judgment is Affirmed. Appellants are taxed with all costs of this appeal.


Lenore L. Prather, P.J.
92-KP-01001-SCT

Galmore, Larry James v. State of Mississippi Appeal No. 4128 from Judgment dated SEPTEMBER 18, 1992, Panola County Circuit Court, First Judicial District; Before Prather, P.J., Roberts and Mills, JJ.: Lower Court's denial of Post-Conviction Relief Affirmed. Panola County is taxed with all cost of this appeal.


Lenore L. Prather, P.J.
92-KA-01310-SCT

Richard, Denise Cox a/k/a Denise Cox Richards v. State of Mississippi Appeal No. 7551 from Judgment dated DECEMBER 21, 1992, Bolivar County Circuit Court, Second Judicial District; Before Prather, P.J., Pittman and Smith, JJ.: Lower Court's denial of Post-Conviction Relief Affirmed. Appellant is taxed with all costs of this appeal.


EN BANC
90-US-01106-SCT

Carr, Anthony v. State of Mississippi Appeal No. 5115 from Judgment dated SEPTEMBER 19, 1990, Quitman County Circuit Court; DISPOSITION - Carr's Motion for Appointment of Counsel denied. Order entered. DISPOSITION - Motion of Counsel to Withdraw granted. Ronald W. Lewis is released as counsel of record for Anthony Carr, effective upon entry of this order. Carr shall submit to this Court the name of new counsel and/or notification of his election to proceed pro se within thirty days of entry of this order. Lee, C.J., and McRae, J., Dissent. Order entered. DISPOSITION - On the Court's own motion, Anthony Carr's execution set by this Court for April 10, 1996, is stayed until further order of this Court. Lee, C.J., and McRae, J., Dissent. Order entered.


EN BANC
XX 92-CC-00416-SCT

Young, Antoinette v. Jefferson Davis County School Board Appeal No. 9093 from Judgment dated APRIL 13, 1992, Jefferson Davis County Chancery Court; Affirmed in Part; Reversed and Remanded in Part. Roberts, J., Prather, P.J., Pittman, Banks, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J. Sullivan, P.J., Not Participating. Appellant and Appellee are taxed equally with all costs of this appeal. DISPOSITION - Motion to Supplement the Record granted. Order entered.


EN BANC
XXX 92-B -00472-SCT

Mississippi Ethics Commission v. Committee on Professional Responsibility of the Mississippi Bar WRITTEN OPINION - Motion to Quash Subpoena granted. Pittman, J., Sullivan, P.J., Banks, McRae, Smith and Mills, JJ., Concur. Prather, P.J., Specially Concurs with Separate Written Opinion joined by Lee, C.J., and Banks, J. Banks, J., Specially Concurs with Separate Written Opinion joined by Lee, C.J., Prather, P.J., and Roberts, J.


EN BANC
XX 92-KA-00694-SCT

Walls, Cary v. State of Mississippi Appeal No. CR9265BP2 from Judgment dated JULY 01, 1992, Panola County Circuit Court, Second Judicial District; Conviction of sale of cocaine and Sentence of fifteen (15) years, with the last seven (7) years suspended, with conditions, in the custody of the Mississippi Department of Corrections and Payment of a fine of $2,000.00, all fees and costs Affirmed. Prather, P.J., Lee, C.J., Pittman, Banks, Roberts and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Mills, J. Appellant is taxed with all costs of this appeal.


EN BANC
92-CA-01105-SCT

Loadmaster Systems, Inc., a Texas Corporation v. Airport Road Partners, Ltd., a Mississippi Limited Partnership Appeal No. 9168286CV from Judgment dated JULY 30, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellee's Motion to Correct Mandate granted. The Court awards the 15% statutory penalty. Order entered.


EN BANC
92-CT-01266-COA

Trilogy Communications, Inc. v. Thomas Truck Lease, Inc. Appeal No. 18600 from Judgment dated AUGUST 05, 1992, Lowndes County Circuit Court; DISPOSITION - On the Court's own Motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for decision on Appellant's Petition for Writ of Certiorari under M.R.A.P. 17(e) is extended until May 20, 1996. Order entered.


EN BANC
93-CC-00048-SCT

GFS Company and The Travelers Insurance Company v. David McCammon Appeal No. 7906M from Judgment dated DECEMBER 11, 1992, Montgomery County Circuit Court; Judgment is Affirmed. Smith, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts and Mills, JJ., Concur. Appellants are taxed with all costs of this appeal.


EN BANC
X 93-CT-00176-SCT

Clubb, John W. v. State of Mississippi Appeal No. 22638 from Judgment dated JANUARY 11, 1993, Washington County Circuit Court; Reversed and Remanded to the Circuit Court of Washington County, Mississippi, for resentencing. Sullivan and Prather, P.JJ., Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Lee, C.J., and Pittman, J., Not Participating. Washington County is taxed with all costs of this appeal.


EN BANC
93-CA-00242-SCT

Murphree, Ginger, Conservator of the Person and Estate of L. R. Murphree v. Aberdeen-Monroe County Hospital, by Its Board of Trustees, Julian A. Brown, James S. Reddoch, William H. Hitt, William M. Grace and Cecil S. Belle Appeal No. 91057RM from Judgment dated MARCH 01, 1993, Monroe County Circuit Court; DISPOSITION - Appellant's Motion to Amend Opinion and Mandate as to Amount of Judgment and to Clarify Interest Rate is granted in part. The opinion is modified to reflect that the trial court awarded Appellees $40,296.77 in double rent and $5,766.78 in prejudgment interest. The motion is denied in all other respects. 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 - Appellant's pro se Motion to Stay Execution Date Pending Petition for Writ of Certiorari to the United States Supreme Court denied. Order entered.


EN BANC
93-DP-00418-SCT

Russell, Willie v. State of Mississippi Appeal No. 10130 from Judgment dated MARCH 04, 1993, Sunflower County Circuit Court; DISPOSITION - Petition for Rehearing denied. Sullivan, P.J., and Banks, J., would grant. Pittman and Mills, JJ., Not Participating.


EN BANC
93-CT-00538-COA

Johnson, Lee Vester v. State of Mississippi Appeal No. 26441 from Judgment dated MARCH 12, 1992, Harrison County Circuit Court, First Judicial District; DISPOSITION - Johnson's Petition for Writ of Certiorari 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
XX 93-KP-00852-SCT

Shanks, Eddie James v. State of Mississippi Appeal No. 29320 from Judgment dated MARCH 24, 1993, Wayne County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Smith, J., Lee, C.J., Pittman, McRae, Roberts and Mills, JJ., Concur. Sullivan, P.J., Dissents with Separate Written Opinion joined by Prather, P.J., and Banks, J. Wayne County is taxed with all costs of this appeal.


EN BANC
93-CT-01217-COA

Grissom, M.D., C. Edgar v. Mississippi Emergency Association, Inc.; Robert M. Shows, M.D.; Philip Balaski, M.D.; Amos Belknap, M.D.; Ralph Bell, M.D.; William P. Burke, M.D.; W. Hale Byrd, M.D.; Karen Hutchinson Collins, M.D.; William P. Howard, M.D.; David S. Joe, M.D.; David Made Appeal No. 916931 from Judgment dated SEPTEMBER 22, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. Lee, C.J., Not Participating. Order entered.


EN BANC
94-CT-00129-COA

Hall, Veda Swanson v. Houlka L.P. Gas Company, Inc. Appeal No. 3942 from Judgment dated JANUARY 04, 1994, Chickasaw County Circuit Court, Second Judicial District; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: All Justices. Order entered.


EN BANC
94-CT-00341-COA

Thompson, Patrick D. v. State of Mississippi Appeal No. 7536 from Judgment dated JULY 15, 1992, Hancock County Circuit Court; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: All Justices. Order entered.


EN BANC
94-CT-00355-COA

McCoy, Alma, Administratrix of the Estate of Earnest Selby McCoy v. South Central Bell Telephone Company Appeal No. 912871 from Judgment dated MARCH 25, 1994, Prentiss County Circuit Court; DISPOSITION - McCoy's Petition for Writ of Certiorari granted. To Grant: Sullivan, P.J., Pittman, Banks and McRae, JJ. To Deny: Lee, C.J., Roberts, Smith and Mills, JJ.; Prather, P.J., Not Participating. Order entered.


EN BANC
94-CT-00684-COA

State of Mississippi v. David Ronald Russom, George W. Bowlin, Jr. and George W. Bowlin, III Appeal No. CR9356 from Judgment dated MAY 31, 1994, Panola County Circuit Court, First Judicial District; DISPOSITION - Russom's Petition for Writ of Certiorari denied. To Deny: All Justices. Order entered.


EN BANC
94-CT-00827-COA

Hill, Linda Rogers v. Charlie Lee Hill Appeal No. 92445 from Judgment dated FEBRUARY 03, 1994, Lafayette County Chancery Court; DISPOSITION - Charlie Lee Hill's Petition for Writ of Certiorari denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J., and McRae, J. Order entered.


EN BANC
94-CT-01123-COA

Grissom, M. D., C. Edgar v. Mississippi Emergency Association, Inc. Appeal No. 9377241 from Judgment dated SEPTEMBER 26, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. Lee, C.J., Not Participating. Order entered.


EN BANC
95-BR-00500-SCT

Petition of David H. Massey for Reinstatement to the Practice of Law, In Re: Appeal No. 95BR500 from Judgment dated MAY 15, 1995,; DISPOSITION - Petition for Rehearing denied. Lee, C.J., and Banks, J., would grant.