Hand Down Lists
April 17, 1997
Michael P. Mills, J.
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94-KP-00847-SCT
Manley, Rodney Wayne a/k/a/ James Mills a/k/a Rodney Mills v. State of Mississippi
Appeal No. 9241 from Judgment dated AUGUST 10, 1994, Warren County Circuit Court; Denial of Post Conviction Relief Affirmed. Warren County is taxed with all costs of this appeal.
Michael P. Mills, J.
UU
94-CA-01073-SCT
Hardee, William C., Individually and as Natural Father and Next Friend of Kevin Hardee, a Minor v. Rankin County School District
Appeal No. 9167250 from Judgment dated SEPTEMBER 14, 1994, Hinds County Circuit Court, First Judicial District; Affirmed. McRae, J., Dissents with Separate Written Opinion. Smith, J., Not Participating. Appellant is taxed with all costs of this appeal.
Chuck McRae, J.
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94-CA-00680-SCT
Cameron, Roderick v. Jerry Owens and 18 Plaza, Inc.
Appeal No. 9365 from Judgment dated APRIL 20, 1994, Claiborne County Circuit Court; On change of venue to Leflore County. Judgment is Affirmed. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellees' Motion to Strike Portions of Appellant's Brief denied. Order entered.
Chuck McRae, J.
X
96-CC-00097-SCT
Esco, Jr., Fred v. Ed Blackmon, Jr.
Appeal No. CI950146 from Judgment dated JANUARY 25, 1996, Mississippi Legislature House of Representatives; Judgment is Affirmed. Banks, J., Concurs in result only. Mills, J., Not Participating. Appellant is taxed with all costs of this appeal.
Fred L. Banks, J.
X
94-CA-00086-SCT
Overstreet, Norman P. a/k/a Norman Palmer Overstreet v. Anita A. Overstreet a/k/a Anita Ann Overstreet
Appeal No. 46468 from Judgment dated DECEMBER 29, 1993, Jackson County Chancery Court; Affirmed in Part and Reversed in Part; Reversed and Remanded for further proceedings consistent with the Opinion of this Court. Appellant and Appellee are taxed equally with all costs of this appeal.
Lenore L. Prather, P.J.
X
96-CA-00068-SCT
IN THE MATTER OF THE GUARDIANSHIP OF JAIME MARY-JEAN SNODGRASS, A Minor
Appeal No. P10233 from Judgment dated DECEMBER 19, 1995, Hinds County Chancery Court, First Judicial District; Affirmed. Lee, C.J., and McRae, J., Concur in result only. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellant's Motion to Strike Chancery Judge's Letter with Exhibits Response to Appellant's Brief and for other relief denied. Order entered.
EN BANC
89-R-99001-SCT
In Re: Mississippi Rules of Civil Procedure in All Chancery, Circuit and County Courts of the State
DISPOSITION - Petition for the Amendment of Certain Rules and Comments of the Mississippi Rules of Civil Procedure granted with the exception of the proposed addition of a Comment to Rule 23 which is denied. Rules 45 and 30(b)(7) and the accompanying Comments are amended as set forth in Exhibit A to this order. Rules 50, 52 and 59 and the Comments to Rules 50, 58 and 59 are amended as set forth in Exhibit B to this order. Rule 62 and the Comment thereto is amended as set forth in Exhibit C to this order. The Historical Notes reflecting these amendments are hereby adopted. These amendments shall be effective from and after July 1, 1997. Order entered. DISPOSITION - Petition to Amend Mississippi Rules of Appellate Procedure and Mississippi Rules of Civil Procedure granted. M.R.A.P. 4 and the Comment thereto is amended as set forth in Exhibit A to this order. The Comment to M.R.A.P. 2 is amended as set forth in Exhibit B to this order. Miss. R. Civ. P. 77 and Comment thereto is amended as set forth in Exhibit C to this order. Historical Notes for such amendments are adopted. These amendments shall be effective from and after July l, 1997. Order entered.
EN BANC
89-R-99002-SCT
In Re: Mississippi Rules of Evidence
DISPOSITION - Petition for the Amendment of Certain Rules and Comments of the Mississippi Rules of Evidence granted. Rule 902(11) and its Comment, Rule 803(6) and its Comment and Rule 1001(3) are amended as set forth in Exhibits A, B and C attached to this order These amendments shall be effective from and after July 1, 1997. Order entered.
EN BANC
89-R-99027-SCT
In Re: Mississippi Rules of Appellate Procedure
DISPOSITION - Petition to Amend Mississippi Rules of Appellate Procedure and Mississippi Rules of Civil Procedure granted. M.R.A.P. 4 and the Comment thereto is amended as set forth in Exhibit A to this order. The comment to M.R.A.P. 2 is amended as set forth in Exhibit B to this order. Miss. R. Civ. P. 77 and the comment is amended as set forth in Exhibit C to this order. Historical notes for such amendments are adopted. These amendments shall be effective from and after July 1, 1997. Order entered. DISPOSITION - Petition to Adopt Historical Notes granted. Historical notes to the Mississippi Rules of Appellate Procedure as set forth in Exhibit A to this order are effective from and after July 1, 1997. Order entered.
EN BANC
XX
92-CA-00947-SCT
Herrington, Mary E. and Clyde P. Herrington v. James P. Spell, M. D.
Appeal No. 16314 from Judgment dated JUNE 23, 1992, Rankin County Circuit Court; Motion for Rehearing denied. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed. Pittman, J., Lee, C.J., Prather, P.J., Roberts and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J.; Banks and Smith, JJ., Not Participating. DISPOSITION - Appellee's Motion to Strike Appellant's Motion for Rehearing and the Appellant's Response denied. Banks and Smith, JJ., Not Participating. Order entered. DISPOSITION - Motion of the Mississippi Trial Lawyers Association for leave to file amicus curiae brief granted. Banks and Smith, JJ., Not Participating. Order entered. DISPOSITION - Motion of the Mississippi Attorneys for Constitutional Justice for leave to file amicus brief in support of motion for rehearing granted. Banks and Smith, JJ., Not Participating. Order entered.
EN BANC
93-CA-01026-SCT
Ashford, William C. v. Sandra W. Ashford
Appeal No. 125962 from Judgment dated AUGUST 09, 1993, Hinds County Chancery Court, First Judicial District; DISPOSITION - Appellant's Motion for Clarification of the decision filed February 27, 1997, or in the alternative, motion for rehearing granted. This Court vacates the order of February 27, 1997, awarding attorney fees to appellee in the amount of $5,000.00. Roberts, J., Not Participating. Order entered.
EN BANC
94-CA-00025-SCT
Holloman, Joan Williams v. Ronald B. Holloman
Appeal No. 17303 from Judgment dated DECEMBER 06, 1993, Oktibbeha County Chancery Court; DISPOSITION - Motion for Rehearing Denied. Lee, C.J., and McRae, J., Would Grant.
EN BANC
94-CT-00039-SCT
Owen, Danny v. State of Mississippi
Appeal No. 93238 from Judgment dated NOVEMBER 19, 1993, Lee County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Danny Owen denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Smith, JJ. To Grant: McRae, J. Not Participating: Mills, J. Order entered.
EN BANC
94-CT-00636-SCT
Muirhead, Rufus Taylor v. State of Mississippi
Appeal No. 23014 from Judgment dated JUNE 22, 1994, Washington County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Rufus Taylor Muirhead denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Order entered.
EN BANC
94-KP-00799-SCT
Palmer, Charles a/k/a Charles Edward Palmer v. State of Mississippi
Appeal No. 25194752 from Judgment dated JULY 26, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing Denied.
EN BANC
94-CT-00807-SCT
Coleman, Dorothy v. Paul Rice, M. D. and Carl Reddix, M. D.
Appeal No. 93776 from Judgment dated JULY 08, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Paul Rice, M.D., granted. To Grant: All Justices. Order entered. DISPOSITION - Petition for Writ of Certiorari filed by Carl Reddix, M.D., granted. To Grant: All Justices. Order entered.
EN BANC
94-CT-01133-SCT
Jones, Terry Earl v. State of Mississippi
Appeal No. CR940018 from Judgment dated OCTOBER 03, 1994, Panola County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Terry Earl Jones denied. To Deny: All Justices. Order entered.
EN BANC
94-CT-01145-SCT
Ortega, Rosa Cruz, on behalf of herself and all other wrongful death beneficiaries of Baby Boy Cruz v. W. L. Prichard, M. D.
Appeal No. 9114988 from Judgment dated SEPTEMBER 30, 1994, Sunflower County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by W. L. Prichard, M.D., denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks and McRae, JJ. To Grant: Roberts, Smith and Mills, JJ. Order entered.
EN BANC
94-BA-01178-SCT
Parrish, J. Ronald v. Mississippi Bar
Appeal No. 94B333 from Judgment dated SEPTEMBER 19, 1994, Complaint Tribunal; DISPOSITION - Motion for Rehearing Denied. Lee, C.J., Pittman, Banks and McRae, JJ., Would Grant. DISPOSITION - Motion for Leave to File Amicus Curiae Brief granted. Banks and Smith, JJ., Would Deny. Order entered.
EN BANC
94-CC-01296-SCT
Bankston, Mary B. v. Mississippi Employment Security Commission
Appeal No. 7051 from Judgment dated NOVEMBER 21, 1994, Smith County Circuit Court; Motion for Rehearing Denied.
EN BANC
XX 95-CA-00092-SCT
Scharwath, Herbert Frank v. Dianna K. Scharwath
Appeal No. 19298 from Judgment dated DECEMBER 28, 1994, Simpson County Chancery Court; Reversed and Rendered. McRae, J., Lee, C.J., Pittman, Roberts and Mills, JJ., Concur. Banks, J., Dissents with Separate Written Opinion joined by Prather and Sullivan, P.JJ., and Smith, J. Appellee is taxed with all costs of this appeal.
EN BANC
95-DP-00149-SCT
Wiley, William L. v. State of Mississippi
Appeal No. 3720 from Judgment dated FEBRUARY 03, 1995, DeSoto County Circuit Court; DISPOSITION - Motion for Rehearing filed by Appellant Denied. Sullivan, P.J., Banks and McRae, JJ., Would Grant. DISPOSITION - Motion for Substitution of Counsel filed by Susan M. Brewer, counsel of record for the Appellant, granted. Malenda Meacham is substituted as counsel for Appellant. 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 - Frank A. Russell shall be publicly reprimanded in the courtroom in the Carroll Gartin Justice Building, 450 High Street, Jackson, Mississippi, on May 19, 1997, at 2:00 p.m. McRae, Roberts and Mills, JJ., Not Participating. Order of Public Reprimand entered.
EN BANC
X
96-CC-01098-SCT
Mississippi Commission on Judicial Performance v. Charles L. Vess
Appeal No. 95228 from Judgment dated SEPTEMBER 25, 1996, Commission On Judicial Performance; Joint Motion for Approval of Recommendations filed by Mississippi Commission on Judicial Performance Granted. Judge Charles L. Vess to be publicly reprimanded and taxed with costs. Sullivan and Prather, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. Lee, C.J., Concurs in result only. McRae, J., Not Participating. Vess is taxed with all costs of this appeal.
EN BANC
97-M-00383-SCT
In Re: R. J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, Philip Morris Incorporated, and Lorillard Tobacco Company
Appeal No. 94553 Jones County Circuit Court Second Judicial District; DISPOSITION - Order on March 26, 1997 Ruling entered by the Circuit Court of Jones County in Estate of Burl Butler, et al. v. Philip Morris, Inc., et al., No. 94-5-53 is vacated. McRae, J., Would Deny. Banks, J., Not Participating. Order entered.