Mississippi Supreme Court

Hand Down Lists
April 18, 1996

04/18/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
92-KA-01321-SCT

Lynch, Blake A. a/k/a Samuel Lynch v. State of Mississippi Appeal No. 14288 from Judgment dated JANUARY 06, 1993, Copiah County Circuit Court; Before Prather, P.J., Roberts and Mills, JJ.: COUNT I: Conviction of unlawful possession of cocaine and Sentence of three (3) years in the custody of the Mississippi Department of Corrections and payment of fine of $2,000.00 Affirmed. COUNT II: Conviction of unlawful distribution of cocaine and Sentence as an habitual offender of seven (7) years in the custody of the Mississippi Department of Corrections with two (2) years suspended, and payment of fine of $5,000.00 Affirmed. Sentence in Count II shall run concurrently with the sentence in Count I. Copiah County is taxed with all costs of this appeal.


James W. Smith, J.
93-CA-00267-SCT

Ramsey, Jr., Sim and Eloise Ramsey v. Copiah Bank, N. A. Appeal No. 19149 from Judgment dated FEBRUARY 24, 1993, Copiah County Circuit Court; Before Dan Lee, C.J., McRae and Smith, JJ.: Judgment is Affirmed. Pittman, J., Not Participating. Appellants are taxed with all costs of this appeal. DISPOSITION - Appellee's Cross-Motion to Strike denied. Order entered.


James W. Smith, J.
X 93-CA-00398-SCT

Peoples Bank and Trust Company, The v. Nettleton Fox Hunting & Fishing Association Appeal No. 29462 from Judgment dated MARCH 31, 1993, Monroe County Chancery Court; Judgment is Affirmed. Mills, J., Not Participating. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
XX 92-IA-00397-SCT

Scott, Vivian Faith, by and Through Her Mother and Next of Kin, Cynthia Ann Scott v. Joel R. Flynt, M.D. Appeal No. 12913488 from Judgment dated APRIL 02, 1992, Forrest County Circuit Court; Reversed and Remanded. Banks, J., Concurs with Separate Written Opinion joined by Pittman, J. Appellee is taxed with all costs of this appeal.


James L. Roberts Jr., J.
93-CA-00092-SCT

Austin, Darlene v. Bonnie Love and The City of Canton, Mississippi Appeal No. 3262 from Judgment dated DECEMBER 11, 1992, Madison County Circuit Court; Before Prather, P.J., Roberts and Mills, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
XX 94-KP-00705-SCT

Walker, Jerry v. State of Mississippi Appeal No. 11015 from Judgment dated JUNE 01, 1994, Lincoln County Circuit Court; Reversed and Remanded. Smith, J., Dissents with Separate Written Opinion joined by Lee, C.J., and Roberts, J. Lincoln County is taxed with all costs of this appeal.


Chuck McRae, J.
95-KP-00427-SCT

Davis, James E. a/k/a James Edward Davis v. State of Mississippi Appeal No. 93133CV1 from Judgment dated MAY 26, 1994, Lowndes County Circuit Court; Before Dan Lee, C.J., McRae and Smith, JJ.: Lower court's denial of Post Conviction Relief Affirmed. Prather, P.J., Not Participating. Lowndes County is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
95-CA-00314-SCT

Adoption of Baby Girl: G. L. K. and R. K., IN RE: v. M. G. S. and S. L. B. S. Appeal No. A999 from Judgment dated AUGUST 18, 1994, DeSoto County Chancery Court; Before Prather, P.J., Roberts and Mills, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


EN BANC
XX 91-KA-00511-SCT

Nicholson, Gail D. on behalf of Francis Ray Gollott, Deceased v. State of Mississippi Appeal No. 6273 from Judgment dated FEBRUARY 16, 1991, Harrison County Circuit Court, Second Judicial District; On change of venue to Hancock County. Petition for Rehearing denied. The original opinions are withdrawn and these opinions are substituted therefor. Conviction of manslaughter and Sentence of fifteen (15) years, with three (3) years suspended, making a total of twelve (12) years Affirmed. Prather, P.J., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Dan Lee, C.J., Dissents with Separate Written Opinion. Sullivan, P.J., Not Participating.


EN BANC
92-DP-00568-SCT

Walker, Alan Dale v. State of Mississippi Appeal No. 25945 from Judgment dated AUGUST 12, 1991, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Rehearing denied. McRae, J., would grant.


EN BANC
92-KA-00648-SCT

Peterson, Niles Maxey v. State of Mississippi Appeal No. 4382S from Judgment dated MAY 22, 1992, Winston County Circuit Court; DISPOSITION - Petition for Rehearing denied. Pittman, Roberts, Smith and Mills, JJ., would grant.


EN BANC
92-CA-00840-SCT

Allen, Mark M. v. Mac Tools, Inc., Ernie Christmas, Individually and as Agent, Servant and Employee of Mac Tools, Inc.; and Ronald M. Jenkins, Individually, and as Agent, Servant and Employee of Mac Tools, Inc.; and Nick Tremonte, Individually, and as Agent, Servant and Em Appeal No. 9066119 from Judgment dated JUNE 15, 1992, Hinds County Circuit Court, First Judicial District; CONSOLIDATED WITH: 92-CA-01027-SCT Mark M. Allen VERSUS Mac Tools, Inc.; Ernie Christmas, Individually and as Agent, Servant and Employee of Mac Tools, Inc.; and Ronald M. Jenkins, Individually and as Agent, Servant and Employee of Mac Tools, Inc.; and Nick Tremonte, Individually and as Agent, Servant and Employee of Mac Tools, Inc. AND Mac Tools, Inc. v. Mark M. Allen and Sherry A. Allen; Appeal No. 9066119 from Judgment dated SEPTEMBER 04, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Rehearing denied.


EN BANC
92-CA-01027-SCT

Allen, Mark M. VERSUS Mac Tools, Inc.; Ernie Christmas, Individually and as Agent, Servant and Employee of Mac Tools, Inc.; and Ronald M. Jenkins, Individually and as Agent, Servant and Employee of Mac Tools, Inc.; and Nick Tremonte, Individually and as A v. Mark M. Allen and Sherry A. Allen Appeal No. 9066119 from Judgment dated SEPTEMBER 04, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Rehearing denied. CONSOLIDATED WITH: 92-CA-00840-SCT Mark M. Allen v. Mac Tools, Inc., Ernie Christmas, Individually and as Agent, Servant and Employee of Mac Tools, Inc.; and Ronald M. Jenkins, Individually, and as Agent, Servant and Employee of Mac Tools, Inc.; and Nick Tremonte, Individually, and as Agent, Servant and Employee of Mac Tools, Inc.; Appeal No. 9066119 from Judgment dated JUNE 15, 1992, Hinds County Circuit Court, First Judicial District.


EN BANC
X 92-KA-00970-SCT

Earl, Charles Dale v. State of Mississippi Appeal No. 7946 from Judgment dated AUGUST 13, 1992, Coahoma County Circuit Court; Petition for Rehearing denied. The original opinion is withdrawn and this opinion is substituted therefor. Conviction of burglary and Sentence of seven years in the custody of the Mississippi Department of Corrections Affirmed. Sentence of seven years shall not be reduced or suspended nor shall the defendant be eligible for parole or probation during the term of said sentence. Sentence shall run consecutively with any and all sentences previously imposed. Defendant shall make full restitution to the victim in the amount of Five Hundred Dollars ($500.00) Affirmed. Banks, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, McRae, Roberts, Smith and Mills, JJ., Concur. DISPOSITION - Appellant's Motion for Expedited Hearing denied. Order entered.


EN BANC
92-CA-01055-SCT

Pike Center Mart Shopping Center v. Great Atlantic & Pacific Tea Company Appeal No. 36271 from Judgment dated SEPTEMBER 18, 1992, Pike County Chancery Court; DISPOSITION - Petition for Rehearing denied.


EN BANC
93-CA-00133-SCT

Gulf Guaranty Life Insurance Company v. Tammy Duett, Administratrix of Billy Dewayne Duett, Deceased Appeal No. 924809 from Judgment dated NOVEMBER 23, 1992, Humphreys County Circuit Court; DISPOSITION - Appellee's motion to assess a fifteen percent penalty on judgment affirmed against appellant granted in part as to the additional death benefits in the amount of $17,400.60, the difference between the $26,100.90 amount of insurance and the $8,700.30 amount of benefits already paid. Order entered.


EN BANC
XX 93-KA-00188-SCT

Turner, Jr., Edward v. State of Mississippi Appeal No. 92CV112B from Judgment dated JANUARY 07, 1993, Lauderdale County Circuit Court; Lower court's denial of Post Conviction Relief Affirmed. Prather, P.J., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J., Sullivan, P.J., and Pittman, J. Lauderdale County is taxed with all costs of this appeal.


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 - Appellee's Motion in Opposition to Appellant's Pro Se Emergency Motion to Dismiss Appeal granted. The briefing schedule in this appeal resumes with the entry of this order. Lee, C.J., McRae, Roberts and Smith, JJ., Dissent. Order entered.


EN BANC
95-TS-01166-

Mid-Delta Home Health Incorporated and Mid-Delta Home Health of Charleston v. Mississippi Association for Home Care, Continue Care Home Health, Inc., Continue Care Home Health II, Inc., Tri-County Home Health Care of Mississippi, and Sta-Home Health Agency, Inc. of Grenada Appeal No. G95100 from Judgment dated OCTOBER 09, 1995, Hinds County Chancery Court, First Judicial District; CONSOLIDATED WITH: 95-TS-01222- Mississippi State Department of Health v. Mississippi Association for Home Care, Continue Care Home Health, Inc., Continue Care Home Health II, Inc., Tri-County Home Health Care of Mississippi and Sta-Home Health Agency, Inc., of Grenada; Appeal No. G95100 from Judgment dated OCTOBER 09, 1995, Hinds County Chancery Court, First Judicial District; DISPOSITION - Mid-Delta's Motion for Expedited Appeal granted. Sullivan, P.J., and McRae, J., would deny. Order entered. DISPOSITION - Alexander's Home Health Care's Motion to Dismiss denied. Pittman, McRae and Mills, JJ., would grant. Order entered.


EN BANC
95-TS-01222-

Mississippi State Department of Health v. Mississippi Association for Home Care, Continue Care Home Health, Inc., Continue Care Home Health II, Inc., Tri-County Home Health Care of Mississippi and Sta-Home Health Agency, Inc., of Grenada Appeal No. G95100 from Judgment dated OCTOBER 09, 1995, Hinds County Chancery Court, First Judicial District; DISPOSITION - Mid-Delta's Motion for Expedited Appeal granted. Sullivan, P.J., and McRae, J., would deny. Order entered. DISPOSITION - Alexander's Home Health Care's Motion to Dismiss denied. Pittman, McRae and Mills, JJ., would grant. Order entered. CONSOLIDATED WITH: 95-TS-01166- Mid-Delta Home Health Incorporated and Mid-Delta Home Health of Charleston v. Mississippi Association for Home Care, Continue Care Home Health, Inc., Continue Care Home Health II, Inc., Tri-County Home Health Care of Mississippi, and Sta-Home Health Agency, Inc. of Grenada; Appeal No. G95100 from Judgment dated OCTOBER 09, 1995, Hinds County Chancery Court, First Judicial District.


EN BANC
96-BD-00106-SCT

Mississippi Bar, The v. Attorney KK Appeal No. 96BD106 from Judgment dated FEBRUARY 12, 1996,; DISPOSITION - Respondent's Motion for Extension denied. Order entered. DISPOSITION - On Court's own motion, the Formal Complaint is taken under advisement in order to allow Attorney KK an opportunity to be heard before the Formal Complaint is finally considered. Show Cause Order entered.