Mississippi Supreme Court

Hand Down Lists
April 26, 2001

04/26/2001 - Hand Down and published opinions in WordPerfect/ZIP format

Cobb, Kay Beevers
X 1998-KA-01682-SCT

Crawford, Charles Ray v. State of Mississippi Tippah Circuit Court; LC Case#: 5779; Ruling Date: 05/21/1993; Ruling Judge: R. Coleman; Majority Opinion: Cobb, J. Disposition: On change of venue to Lafayette County. Conviction of aggravated assault and sentence of twenty years in an institution to be designated by the Mississippi Department of Corrections are affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Banks, P.J., McRae, P.J., Smith, J., Mills, J., Waller, J., Diaz, J., Easley, J., Concur.


Cobb, Kay Beevers
X 1999-KA-01463-SCT

Reynolds, Tony Keith v. State of Mississippi Grenada Circuit Court; LC Case#: 980176; Ruling Date: 07/29/1999; Ruling Judge: C. Morgan, III; Majority Opinion: Cobb, J. Disposition: Count I: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, without benefit of parole, probation or early work release, affirmed. Said sentence shall run consecutively to any sentence previously imposed. Count II: Conviction of possession of a firearm by a convicted felon and sentence of three years in the custody of the Mississippi Department of Corrections, without benefit of parole, probation or early work release, affirmed. The sentence in Count II shall run consecutively to the sentence imposed in Count I. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Banks, P.J., McRae, P.J., Smith, J., Mills, J., Waller, J., Diaz, J., Easley, J., Concur.


Smith, James W., Jr.
X 1999-IA-01640-SCT

Burch, Emery d/b/a B-Co., Inc. v. Land Partners, L.P. Lamar Chancery Court; LC Case#: 98-0287W; Ruling Date: 09/17/1999; Ruling Judge: Johnny Williams; Consolidated With 1999-IA-01837-SCT Land Partners, L.P. v. Emery Burch d/b/a B-Co., Inc.; Lamar Circuit Court; LC Case#: 98-0161; Ruling Date: 10/06/1999; Ruling Judge: Michael Eubanks; Majority Opinion: Smith, J. Disposition: Affirmed in Part; Reversed and Remanded in Part for proceedings consistent with the opinion of this Court. Appellant and Appellee taxed with costs of appeal. Votes: Pittman, C.J., Banks, P.J., Mills, J., Waller, J., Cobb, J., Diaz, J., Easley, J., Concur. McRae, P.J., Concurs in result only.


Pittman, Edwin Lloyd
XX 98-KA-00657-SCT

McGilberry, Phillip a/k/a Phillip Charles McGilberry, Jr. v. State of Mississippi Jones Circuit Court 1st District; LC Case#: 1639; Ruling Date: 03/10/1998; Ruling Judge: Billy Landrum; Majority Opinion: Pittman, C.J. Disposition: Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, affirmed. Jones County taxed with costs of appeal. Votes: McRae, P.J., Smith, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Easley, J., Concur. Concurring Opinion: Banks, P.J.


Pittman, Edwin Lloyd
XX 1999-KA-01053-SCT

Scott, Sara a/k/a "Tic" v. State of Mississippi Pike Circuit Court; LC Case#: 15902; Ruling Date: 05/24/1999; Ruling Judge: Keith Starrett; Majority Opinion: Pittman, C.J. Disposition: Conviction of unlawful distribution of cocaine and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, the first ten (10) years to be served with the remaining five (5) years to be served on post release supervision, and payment of a fine in the amount of $5,000.00, restitution in the amount of $110.00 to the Mississippi Bureau of Narcotics, and court appointed attorneys fees in the amount of $500.00, affirmed. Pike County taxed with costs of appeal. Votes: Smith, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Easley, J., Concur. Dissenting Opinion: Banks, P.J. Votes: McRae, P.J., Joins.


EN BANC
89-R-99012-SCT

Rules Governing Admission to The Mississippi Bar, In Re: Disposition: Motion to Amend the Rules Governing Admissions to The Mississippi Bar: Admission of Capital Public Defenders filed by C. Jackson Williams for the Mississippi Office of Capital Post-Conviction Counsel is denied as moot, and the proposal set forth in the Resolution of the Board of Bar Admissions is denied. Banks and McRae, P.JJ., and Diaz, J., would grant the proposal of the Mississippi Board of Bar Admissions. Order entered.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On Court's own motion, Rule 8 of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of this Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series (Mississippi Edition). McRae, P.J., and Diaz and Easley, JJ., would deny. Order entered.


EN BANC
97-IA-01271-SCT

American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Louella Allen, et al. Jones Circuit Court 2nd District; LC Case#: 97336; Ruling Date: 12/10/1997; Ruling Judge: Billy Landrum; 98-IA-00046- SCT American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Belinda Alexander, et al.; Claiborne Circuit Court; LC Case#: 970190; Ruling Date: 06/10/1998; Ruling Judge: Lamar Pickard; Disposition: Appellant's motion for rehearing is denied. Smith, Mills, Waller and Cobb, JJ., would grant. Opinion modified at paragraphs 48 and 49.


EN BANC
97-IA-01271-SCT

American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Louella Allen, et al. Jones Circuit Court 2nd District; LC Case#: 97336; Ruling Date: 12/10/1997; Ruling Judge: Billy Landrum; 98-IA-00046- SCT American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Belinda Alexander, et al.; Claiborne Circuit Court; LC Case#: 970190; Ruling Date: 06/10/1998; Ruling Judge: Lamar Pickard; Disposition: Motion of Mississippi Trial Lawyers Association to intervene and file an amicus brief, granted. The brief shall be accepted in consideration on the motion for rehearing. Order entered.


EN BANC
97-IA-01271-SCT

American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Louella Allen, et al. Jones Circuit Court 2nd District; LC Case#: 97336; Ruling Date: 12/10/1997; Ruling Judge: Billy Landrum; 98-IA-00046- SCT American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Belinda Alexander, et al.; Claiborne Circuit Court; LC Case#: 970190; Ruling Date: 06/10/1998; Ruling Judge: Lamar Pickard; Disposition: Motion of American Counsel of Life Insurers to intervene and file an amicus brief, granted. The brief shall be accepted in consideration on the motion for rehearing. Order entered.


EN BANC
97-IA-01271-SCT

American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Louella Allen, et al. Jones Circuit Court 2nd District; LC Case#: 97336; Ruling Date: 12/10/1997; Ruling Judge: Billy Landrum; 98-IA-00046- SCT American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Belinda Alexander, et al.; Claiborne Circuit Court; LC Case#: 970190; Ruling Date: 06/10/1998; Ruling Judge: Lamar Pickard; Disposition: Motion of American Financial Services Association to intervene and file an amicus brief, granted. The brief shall be accepted in consideration on the motion for rehearing. Order entered.


EN BANC
97-IA-01271-SCT

American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Louella Allen, et al. Jones Circuit Court 2nd District; LC Case#: 97336; Ruling Date: 12/10/1997; Ruling Judge: Billy Landrum; 98-IA-00046- SCT American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Belinda Alexander, et al.; Claiborne Circuit Court; LC Case#: 970190; Ruling Date: 06/10/1998; Ruling Judge: Lamar Pickard; Disposition: Motion of Mississippi Bankers Association to intervene and file an amicus brief, granted. The brief shall be accepted in consideration on the motion for rehearing. Order entered.


EN BANC
97-IA-01271-SCT

American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Louella Allen, et al. Jones Circuit Court 2nd District; LC Case#: 97336; Ruling Date: 12/10/1997; Ruling Judge: Billy Landrum; 98-IA-00046- SCT American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Belinda Alexander, et al.; Claiborne Circuit Court; LC Case#: 970190; Ruling Date: 06/10/1998; Ruling Judge: Lamar Pickard; Disposition: Motion of Gulf Guaranty Life Insurance Company and Gulf Guaranty Insurance Company to intervene and file an amicus brief, granted. The brief shall be accepted in consideration on the motion for rehearing. Order entered.


EN BANC
97-IA-01271-SCT

American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Louella Allen, et al. Jones Circuit Court 2nd District; LC Case#: 97336; Ruling Date: 12/10/1997; Ruling Judge: Billy Landrum; 98-IA-00046- SCT American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Belinda Alexander, et al.; Claiborne Circuit Court; LC Case#: 970190; Ruling Date: 06/10/1998; Ruling Judge: Lamar Pickard; Disposition: Motion of Union National Life Insurance Company and Union National Fire Insurance Company to intervene and file an amicus brief, granted. The brief shall be accepted in consideration on the motion for rehearing. Order entered.


EN BANC
97-IA-01271-SCT

American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Louella Allen, et al. Jones Circuit Court 2nd District; LC Case#: 97336; Ruling Date: 12/10/1997; Ruling Judge: Billy Landrum; 98-IA-00046- SCT American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Belinda Alexander, et al.; Claiborne Circuit Court; LC Case#: 970190; Ruling Date: 06/10/1998; Ruling Judge: Lamar Pickard; Disposition: Motion of Mississippi Manufacturers Association to intervene and file an amicus brief, granted. The brief shall be accepted in consideration on the motion for rehearing. Order entered.


EN BANC
97-IA-01271-SCT

American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Louella Allen, et al. Jones Circuit Court 2nd District; LC Case#: 97336; Ruling Date: 12/10/1997; Ruling Judge: Billy Landrum; 98-IA-00046- SCT American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Belinda Alexander, et al.; Claiborne Circuit Court; LC Case#: 970190; Ruling Date: 06/10/1998; Ruling Judge: Lamar Pickard; Disposition: Motion of Alltel Mississippi, Inc., et al. to intervene and file an amicus brief, granted. The brief shall be accepted in consideration on the motion for rehearing. Order entered.


EN BANC
97-IA-01271-SCT

American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Louella Allen, et al. Jones Circuit Court 2nd District; LC Case#: 97336; Ruling Date: 12/10/1997; Ruling Judge: Billy Landrum; 98-IA-00046- SCT American Bankers Insurance Company of Florida and American Bankers Insurance Group, Inc. ("American Bankers") v. Belinda Alexander, et al.; Claiborne Circuit Court; LC Case#: 970190; Ruling Date: 06/10/1998; Ruling Judge: Lamar Pickard; Disposition: Motion of Mississippi Consumer Finance Association to intervene and file an amicus brief, granted. The brief shall be accepted in consideration on the motion for rehearing. Order entered.


EN BANC
XX 1998-DP-00901-SCT

Jordan, Richard Gerald v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 18807; Ruling Date: 04/24/1998; Ruling Judge: Kosta Vlahos; Majority Opinion: Waller, J. Disposition: Conviction of capital murder and sentence of death by lethal injection are affirmed. Harrison County taxed with costs of appeal. Votes: Mills, J., Cobb, J., Diaz, J., Easley, J., Concur. McRae, P.J., CIP/DIP's Without Separate Written Opinion. Pittman, C.J., Smith, J., Not Participating. Dissenting Opinion: Banks, P.J.


EN BANC
XXX 1998-CT-01520-SCT

Speed, Harold v. Robert E. Scott Copiah Circuit Court; LC Case#: 970254; Ruling Date: 08/07/1998; Ruling Judge: Lamar Pickard; Majority Opinion: Pittman, C.J. Disposition: The judgment of the Court of Appeals is affirmed and the judgment of the Copiah County Circuit Court is reversed and rendered. Robert E. Scott taxed with all costs of appeal. Votes: Smith, J., Mills, J., Waller, J., Cobb, J., Concur. Dissenting Opinion: Banks, P.J. Votes: McRae, P.J., Diaz, J., Join. Dissenting Opinion: McRae, P.J. Votes: Banks, P.J., Diaz, J., Easley, J., Join.


EN BANC
XXX 1999-KA-00097-SCT

Milano, Timothy John v. State of Mississippi Jackson Circuit Court; LC Case#: 9610440; Ruling Date: 08/19/1998; Ruling Judge: Edwin Hardin; Majority Opinion: Smith, J. Disposition: Count I: Conviction of kidnapping and sentence of thirty years in the custody of the Mississippi Department of Corrections, affirmed. Count II: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, affirmed. The sentence in Count I shall run consecutively with the sentence in Count II. Jackson County taxed with costs of appeal. Votes: Mills, J., Waller, J., Cobb, J., Diaz, J., Easley, J., Concur. Dissenting Opinion: Banks, P.J. Votes: McRae, P.J., Joins. Pittman, C.J., Joins in Part. Dissenting Opinion: McRae, P.J. Votes: Banks, P.J., Joins. Pittman, C.J., Joins in Part.


EN BANC
1999-CT-00530-SCT

Townsend, Danny v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 98504; Ruling Date: 02/22/1999; Ruling Judge: W. Yerger; Disposition: Petition for Writ of Certiorari filed by Danny Townsend is denied. To Deny: Pittman, C.J., Banks, P.J., Smith, Mills, Cobb, Diaz and Easley, JJ. To Dismiss as Untimely Filed: McRae, P.J., and Waller, J. Order entered.


EN BANC
XX 1999-KA-00676-SCT

McKee, Mark v. State of Mississippi Rankin Circuit Court; LC Case#: 10679; Ruling Date: 04/01/1999; Ruling Judge: Samac Richardson; Majority Opinion: Smith, J. Disposition: Conviction of strong arm robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections as a habitual offender without the possibility of parole under Section 99-19-81 of the Mississippi Code of 1972, with conditions, affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Mills, J., Waller, J., Cobb, J., Diaz, J., Easley, J., Concur. Dissenting Opinion: Banks, P.J. Votes: McRae, P.J., Joins.


EN BANC
XX 1999-CT-01059-SCT

Ellis, Antwon a/k/a Antwon Leshay Ellis v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 98142; Ruling Date: 06/09/1999; Ruling Judge: W. Yerger; Majority Opinion: Mills, J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Pittman, C.J., Banks, P.J., McRae, P.J., Diaz, J., Concur. Dissenting Opinion: Smith, J. Votes: Waller, J., Cobb, J., Easley, J., Join.


EN BANC
1999-CT-01378-SCT

C., J.P., A MINOR, IN THE INTEREST OF v. State of Mississippi Winston Youth Court; LC Case#: 946A; Ruling Date: 03/04/1999; Ruling Judge: Edward Prisock; Disposition: Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: All Justices. Order entered.


EN BANC
1999-CT-01473-SCT

Sorrells, Jerry II v. State of Mississippi Itawamba Circuit Court; LC Case#: 99-039-FI; Ruling Date: 08/23/1999; Ruling Judge: Barry Ford; Disposition: Petition for Writ of Certiorari filed by Jerry Sorrells, II is denied. To Deny: Pittman, C.J., McRae, P.J., Smith, Mills, Cobb, Diaz and Easley, JJ. To Summarily Dismiss: Waller, J. To Grant: Banks, P.J. Order entered.


EN BANC
1998-IA-01771-SCT

Oktibbeha County Department of Human Services and Catherine Jones in Her Official Capacity as Director of Oktibbeha County Department of Human Services v. N. G. Oktibbeha Chancery Court; LC Case#: 98-0312; Ruling Date: 11/05/1998; Ruling Judge: Robert Lancaster; 1999-IA-01863- SCT F. G. and P. G. v. N. G.; Oktibbeha Chancery Court; LC Case#: 99-0162; Ruling Date: 11/08/1999; Ruling Judge: James Gore; Disposition: Motion for Rehearing filed by the Appellants, Oktibbeha County Department of Human Services, denied. Smith and Cobb, JJ., would grant. Diaz, J., not participating.


EN BANC
1998-IA-01771-SCT

Oktibbeha County Department of Human Services and Catherine Jones in Her Official Capacity as Director of Oktibbeha County Department of Human Services v. N. G. Oktibbeha Chancery Court; LC Case#: 98-0312; Ruling Date: 11/05/1998; Ruling Judge: Robert Lancaster; 1999-IA-01863- SCT F. G. and P. G. v. N. G.; Oktibbeha Chancery Court; LC Case#: 99-0162; Ruling Date: 11/08/1999; Ruling Judge: James Gore; Disposition: Motion for Rehearing filed by F. G. and P.G., denied. Smith and Cobb, JJ., would grant. Diaz, J., not participating.


EN BANC
1999-CT-01924-SCT

Jones, Larry Darnell v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: B2401-9800243; Ruling Date: 08/05/1999; Ruling Judge: Kosta Vlahos; Disposition: Petition for Writ of Certiorari filed by Larry Darnell Jones is denied. To Deny: All Justices. Order entered.


EN BANC
2000-KA-00111-SCT

Wansley, Jeffrey Wayne v. State of Mississippi Newton Circuit Court; LC Case#: 99-CR-0046-NW; Ruling Date: 12/08/1999; Ruling Judge: Marcus Gordon; Disposition: Appellant's motion for rehearing is denied. Order entered.


EN BANC
2000-KA-00344-SCT

Pulphus, Willie v. State of Mississippi Chickasaw Circuit Court 2nd District; LC Case#: 99-036; Ruling Date: 01/26/2000; Ruling Judge: Henry Lackey; Disposition: Appellant's motion for rehearing is denied.