Mississippi Supreme Court

Hand Down Lists
April 22, 1999

04/22/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Pittman, Edwin Lloyd
XX 97-CA-00877-SCT

Martindale, Minnie, Individually and as Next Friend for the Minor Child, Britnie Martindale v. Tommy Wilbanks and Carolyn Delashmit Tippah Circuit Court; LC Case#: 96022; Ruling Date: 03/25/1997; Ruling Judge: Henry Lackey; Majority Opinion: Pittman, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Prather, C.J., Mills, J., Waller, J., Concur. Sullivan, P.J., Concurs in Part . Cobb, J., Not Participating. Concurring Opinion: Banks, J. Votes: McRae, J., Smith, J., Waller, J., Join. Sullivan, P.J., Joins in Part .


Pittman, Edwin Lloyd
XXX 98-CA-00276-SCT

Guy, Audra Marian v. Robert Sidney Guy, Jr. Washington Chancery Court; LC Case#: 970469; Ruling Date: 11/20/1997; Ruling Judge: William Griffin, Jr.; Majority Opinion: Pittman, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Sullivan, P.J., Banks, J., Smith, J., Mills, J., Concur. Cobb, J., Not Participating. Dissenting Opinion: Waller, J. Votes: Prather, C.J., Joins. Concurring in Part and Dissenting in Part Opinion: McRae, J.


Pittman, Edwin Lloyd
X 98-CA-00711-SCT

Greyhound Welfare Foundation d/b/a National Greyhound Adoption Network, In Defense of Animals and Doll Stanley-Branscum, In Her Official Capacity as Agent for Greyhound Welfare Foundation d/b/a National Greyhound Adoption Network and as Director of Invest v. Mississippi State University and Philip D. Nelson, In His Official Capacity as Associate Dean Oktibbeha Chancery Court; LC Case#: 970134; Ruling Date: 06/09/1997; Ruling Judge: Robert Lancaster; Majority Opinion:Pittman, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Banks, J., McRae, J., Smith, J., Mills, J., Waller, J., Concur. Cobb, J., Not Participating.


Prather, Lenore L.
X 1998-CA-01030-SCT

Galloway, Ricky v. City of New Albany, Mississippi Pontotoc Circuit Court; LC Case#: CV96066; Ruling Date: 05/20/1998; Ruling Judge: Thomas Gardner, III; Majority Opinion: Prather, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Smith, J., Mills, J., Waller, J., Concur. Cobb, J., Not Participating.


EN BANC
94-DP-01016-SCT

Crawford, Charles Ray v. State of Mississippi Tippah Circuit Court; LC Case#: TK93013; Ruling Date: 04/23/1994; Ruling Judge: R. Coleman; Disposition: Crawford's request for stay of all state court proceedings is granted for the sole purpose of staying Crawford's execution date set for April 21, 1999. Crawford's execution is stayed pending resolution of Crawford's motion for appointment of counsel and petition for post- conviction relief. Sullivan, P.J., Not Participating. Order entered.


EN BANC
95-CA-00071-SCT

Burton, Delsie, Administratrix of the Estate of Evie Burton, Deceased v. Choctaw County, Mississippi; Choctaw County Hospital d/b/a Choctaw County Nursing Home; Homer Mack Martin, Director of Said Nursing Home, In His Representative Capacity; The Collective Board of Trustees of the Choctaw County Hospital and The Individual Me Choctaw Circuit Court; LC Case#: 940015; Ruling Date: 12/31/1994; Ruling Judge: Henry Ross; Disposition: Motion for Rehearing, denied. Mills and Cobb, JJ., Not Participating.


EN BANC
XXX 95-CT-00367-SCT

Veasley, Herman a/k/a Herman Veasley, Jr., a/k/a "June" v. State of Mississippi Coahoma Circuit Court; LC Case#: 8517; Ruling Date: 01/20/1995; Ruling Judge: John Hatcher; Majority Opinion: Banks, J. Disposition: Affirmed and Remanded. Coahoma County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., McRae, J., Waller, J., Concur. Cobb, J., Not Participating. Dissenting Opinion: Smith, J. Votes: Mills, J., Joins. Dissenting Opinion: Mills, J. Votes: Smith, J., Joins.


EN BANC
92-DP-00542-SCT

Davis, Kenneth L. v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: F73; Ruling Date: 03/15/1991; Ruling Judge: William Coleman; 96-DR-00980- SCT Kenneth L. Davis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case#: F73; Ruling Date: 03/15/1991; Disposition: Davis' motion to vacate or amend order in which he asks this Court to vacate or amend its order directing the circuit court to appoint counsel, denied. Davis may file a motion to proceed pro se in the circuit court. Smith, J., Not Participating. Order entered.


EN BANC
XX 96-CT-01326-SCT

Clark, Terrence a/k/a Terrance Clark a/k/a "Pooh-Poo" v. State of Mississippi Chickasaw Circuit Court 1st District; LC Case#: HK96005; Ruling Date: 09/19/1996; Ruling Judge: Henry Lackey; Majority Opinion: Waller, J. Disposition: Reversed and Remanded. Chickasaw County taxed with costs of appeal. Votes: Pittman, P.J., Banks, J., Smith, J., Cobb, J., Concur. Mills, J., Concurs in Part . Concurring in Part and Dissenting in Part Opinion: Prather, C.J. Votes: Sullivan, P.J., McRae, J., Mills, J., Join.


EN BANC
96-CT-01072-SCT

Lester, Stanley, Jimmy Wrenn and Martha F. Butler a/k/a Jimmy Wren a/k/a Jimmy Lee Wren a/k/a Martha Faye Butler v. State of Mississippi Panola Circuit Court 2nd District; LC Case#: CR9565; Ruling Date: 09/12/1996; Ruling Judge: Andrew Baker; Disposition: Petition for Writ of Certiorari filed by Jimmy Wrenn, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Smith, Mills and Waller, JJ. Not Participating: Cobb, J. Order entered.


EN BANC
X 97-CT-00064-SCT

White, Jr., Joseph Q., as the Administrator of the Estate of Roger W. Robinson v. Franklin Mills Jackson Circuit Court; LC Case#: CI950132; Ruling Date: 12/12/1996; Ruling Judge: Bill Jones; Majority Opinion: Smith, J. Disposition: Judgment of the Court of Appeals is Vacated and Remanded to the Jackson County Circuit Court for Proceedings Consistent with the Opinion of this Court. Appellee taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Mills, J., Waller, J., Concur. McRae, J., Concurs in result only. Cobb, J., Not Participating.


EN BANC
97-CT-00224-SCT

Dulaney, Patricia A. v. National Pizza Company, Lumbermans Mutual Casualty Company, and American Motorist Insurance Company Itawamba Circuit Court; LC Case#: CV96113; Ruling Date: 01/17/1997; Ruling Judge: Frank Russell; Disposition: Petition for Writ of Certiorari filed by Patricia A. Dulaney, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Smith and Waller, JJ. To Grant: McRae, J. Not Participating: Mills and Cobb, JJ. Order entered.


EN BANC
97-CT-00224-SCT

Dulaney, Patricia A. v. National Pizza Company, Lumbermans Mutual Casualty Company, and American Motorist Insurance Company Itawamba Circuit Court; LC Case#: CV96113; Ruling Date: 01/17/1997; Ruling Judge: Frank Russell; Disposition: Petition for Writ of Certiorari filed by National Pizza Company, Lumbermans Mutual Casualty Company, and American Motorist Insurance Company, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Smith and Waller, JJ. Not Participating: Mills and Cobb, JJ. Order entered.


Banks, Fred L., Jr.
X 97-CA-00557-SCT

Tice, Daryl v. Shamrock GMS Corporation d/b/a Utley Realty Service Marshall Chancery Court; LC Case#: 94050; Ruling Date: 04/14/1997; Ruling Judge: Anthony Farese; Disposition: Motion for Rehearing, denied. Prather, C.J., Sullivan and Pittman, P.JJ., McRae, Smith, Mills and Waller, JJ., Concur. Cobb, J., Not Participating.


EN BANC
XXX 97-CA-00970-SCT

Bland, Alvin E. v. Charles W. Hill Lee Circuit Court; LC Case#: 96173; Ruling Date: 06/04/1997; Ruling Judge: Barry Ford; Majority Opinion: Pittman, P.J. Disposition: Affirmed in Part, Reversed in Part and Remanded on Direct Appeal. Affirmed on Cross-Appeal. Appellant and Appellee taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Banks, J., Smith, J., Waller, J., Cobb, J., Concur. Mills, J., Not Participating. Specially Concurring Opinion: Smith, J. Votes: Banks, J., Joins. Waller, J., Joins in Part . Concurring in Part and Dissenting in Part Opinion: McRae, J.


EN BANC
97-CA-01552-SCT

Barnes, Lisa Gail and Kenneth Barnes v. Singing River Hospital Systems d/b/a Singing River Hospital Jackson Circuit Court; LC Case#: CI970083; Ruling Date: 11/13/1997; Ruling Judge: Bill Jones; Disposition: Motion for Rehearing, denied. Cobb, J., Not Participating.


EN BANC
X 98-CA-00096-SCT

Prisock, Sr., Travis L. v. Dr. Fred Perkins, as Superintendent of Louisville Municipal School District; Louisville Municipal School District; Kenny Joe Hanna, Brenda Moore, Charles S. McCully, Ron Stroud and Charles Holmes, as members of the Board of Trustees of the Louisville Muni Winston Circuit Court; LC Case#: 970142; Ruling Date: 12/22/1997; Ruling Judge: C. Morgan, III; Majority Opinion:Sullivan, P.J. Disposition: Reversed and Remanded. The original opinion is withdrawn sua sponte, and this opinion is substituted therefor. Appellee taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., McRae, J., Smith, J., Mills, J., Waller, J., Concur. Cobb, J., Not Participating. Disposition: Mississippi School Boards Association's motion for clarification or correction of opinion, denied. Order entered. Disposition: On Court's own motion, the mandate in this matter is recalled upon entry of this order. Order entered.


EN BANC
XX 98-CA-00331-SCT

Lattimore, Glennidra and Michael Naylor v. City of Laurel, Mississippi and Jeffery Chandler Jones Circuit Court 2nd District; LC Case#: 96681; Ruling Date: 02/02/1998; Ruling Judge: Billy Landrum; Majority Opinion:Smith, J. Disposition: Reversed and Remanded for proceedings consistent with the Opinion of this Court. Appellee taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., Mills, J., Waller, J., Cobb, J., Concur. Specially Concurring Opinion: McRae, J. Votes: Sullivan, P.J., Joins.


EN BANC
1999-DR-00302-SCT

Underwood, Justin v. State of Mississippi Madison Circuit Court; LC Case#: 2246; Ruling Judge: Samac Richardson; Disposition: State's Motion to Dismiss "Skeleton" PCR, denied. Order entered.


EN BANC
1999-DR-00618-SCT

Woodward, Paul Everette v. State of Mississippi Perry Circuit Court; LC Case#: 3789; Ruling Judge: Richard McKenzie; Disposition: "Pro Se Motion" filed by Paul Woodward seeking appointment of counsel, granted. This matter is remanded to the Circuit Court of Perry County for further proceedings in accordance with this Court's decision in Jackson v. State, 98-DR-00708-SCT (Miss. Jan. 28, 1999). The trial court shall conduct said proceedings within 15 days of entry hereof, and shall immediately notify this Court of appointment of counsel. Counsel shall thereupon have thirty days to prepare and submit any additional pleadings on behalf of Paul Woodward. The briefing schedule is suspended pending appointment of counsel and said submission of any additional pleadings, if any. If counsel shall find it unnecessary or fail to timely suppplement the existing pleadings, briefing shall be reinstated thirty days following this Court's notification of appointment of said counsel. Woodward's motion for stay of execution is dismissed without prejudice as prematurely filed. Order entered.


EN BANC
1999-DR-00647-SCT

Crawford, Charles Ray v. State of Mississippi Tippah Circuit Court; LC Case#: TK93013; Ruling Judge: R. Coleman; Disposition: Crawford's request for stay of all state court proceedings is granted for the sole purpose of staying Crawford's execution date set for April 21, 1999. Crawford's execution is stayed pending resolution of Crawford's motion for appointment of counsel and petition for post-conviction relief. Sullivan, P.J., Not Participating. Order entered.