Mississippi Supreme Court

Hand Down Lists
May 08, 1997

05/08/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James L. Roberts Jr., J.
X 91-CA-00721-SCT

Brown, Tryvale Levene, a minor, By And Through His Mother and Next Friend, Bobbie Jean Brown Webb, and Bobbie Jean Brown Webb, Individually v. Don J. Blackwood, M. D Appeal No. 7975 from Judgment dated JUNE 28, 1991, Bolivar County Circuit Court, Second Judicial District; CONSOLIDATED WITH: 92-CA-01106-SCT Tryvale Levene Brown, a Minor, by and through his Mother and Next Friend, Bobbie Jean Brown Webb, and Bobbie Jean Brown Webb, Individually v. Don J. Blackwood, M. D.; Appeal No. 7975 from Judgment dated OCTOBER 26, 1992, Bolivar County Circuit Court, Second Judicial District; Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
XXX 93-CC-01036-SCT

Bullock, Don v. Mississippi Employment Security Commission Consolidated with: 94-CC-00840-SCT; Appeal No. 93574 from Judgment dated SEPTEMBER 02, 1993, Jones County Circuit Court, Second Judicial District; CONSOLIDATED WITH: 94-CC-00840-SCT Don Bullock v. City of Laurel, Mississippi; Appeal No. 9311154 from Judgment dated AUGUST 11, 1994, Jones County Circuit Court, Second Judicial District; Affirmed. Lee, C.J., Concurs in result only. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J.; McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
94-CC-00840-SCT

Bullock, Don v. Mississippi Employment Security Commission Consolidated with: 93-CC-01036-SCT; Appeal No. 93574 from Judgment dated SEPTEMBER 02, 1993, Jones County Circuit Court, Second Judicial District; CONSOLIDATED WITH: 94-CC-00840-SCT Don Bullock v. City of Laurel, Mississippi; Appeal No. 9311154 from Judgment dated AUGUST 11, 1994, Jones County Circuit Court, Second Judicial District; Affirmed. Lee, C.J., Concurs in result only. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J.; McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
94-KP-01140-SCT

Myers, Timothy v. State of Mississippi Appeal No. 251941004 from Judgment dated SEPTEMBER 23, 1994, Hinds County Circuit Court, First Judicial District; Lower Court's denial of Post-Conviction Relief Affirmed. Hinds County is taxed with all costs of this appeal.


James L. Roberts Jr., J.
X 96-CA-00065-SCT

Pegram, William "Billy" v. Wayne Bailey Appeal No. 950206 from Judgment dated DECEMBER 28, 1995, Tunica County Circuit Court; Reversed and Rendered. McRae, J., Concurs in result only. Appellee is taxed with all costs of this appeal.


Chuck McRae, J.
X 93-KA-00897-SCT

Clark, Jerry v. State of Mississippi Appeal No. 27320 from Judgment dated MAY 26, 1992, Harrison County Circuit Court, First Judicial District; Conviction of murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Banks, J., Concurs in result only. Harrison County is taxed with all costs of this appeal.


Chuck McRae, J.
X 95-CA-00624-SCT

Mississippi Transportation Commission v. Earlie Stancel Fires and Wife, Kathleen Diane Fires Appeal No. T94162 from Judgment dated MAY 10, 1995, Tippah County Special Court of Eminent Domain; Judgment Affirmed. Lee, C.J., Concurs in result only. Smith, J., Not Participating. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
X 96-CA-00245-SCT

Scruggs, Stacey Renae and Sandra Friend as Next Friend and Guardian v. William Saterfiel Appeal No. 951258 from Judgment dated FEBRUARY 05, 1996, Lauderdale County Chancery Court; Affirmed in Part and Reversed in Part. Prather, P.J., Concurs in result only. Appellants and Appellees are taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
X 93-CA-00259-SCT

Benedict, Sr., Douglas E. v. City of Hattiesburg, Mississippi, Carlynn Courtney, in her official capacity as City of Hattiesburg ElectionCommissioner; George Zecoux, in his official capacity as City of Hattiesburg Election Commissioner; Sam Buchanan, in his official capacity as City Appeal No. 53611D from Judgment dated FEBRUARY 03, 1993, Forrest County Chancery Court; Reversed and Remanded for proceedings not inconsistent with the opinion of this Court. Appellee is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
XX 95-CA-01174-SCT

Martin, Norma Christine v. James Sidney Coop and Sandra L. Coop Appeal No. 95177 from Judgment dated AUGUST 22, 1995, DeSoto County Chancery Court; Reversed and Remanded for Proceedings not inconsistent with the opinion of this court. Mills, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Lee, C.J., and Roberts, J. Appellees are taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 95-CA-00036-SCT

Stegbauer, John Frank v. Vivian F. Stegbauer Appeal No. 104039 from Judgment dated DECEMBER 02, 1994, Harrison County Chancery Court, First Judicial District; Affirmed in Part; Reversed and Rendered in Part. Lee, C.J., and McRae, J., Concur in result only. Smith, J., Not Participating. Appellant and Appellee are taxed equally with all costs of this appeal.


Michael Sullivan, P.J.
U 95-KP-00815-SCT

Presley, Eddie v. State of Mississippi Appeal No. 93144CV from Judgment dated JUNE 29, 1995, Lowndes County Circuit Court; CONSOLIDATED WITH: 96-KP-00060-SCT Eddie Presley v. State of Mississippi; Appeal No. 93144CV from Judgment dated DECEMBER 08, 1995, Lowndes County Circuit Court; Lower Court's Denial of Post Conviction Relief Affirmed. Lowndes County is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
X 95-CA-00774-SCT

Hamm, Donald Howard v. Diane Hamm Hall Appeal No. 33662 from Judgment dated JUNE 20, 1995, Lee County Chancery Court; Reversed and Remanded. McRae, J., Concurs in result only. Appellee is taxed with all costs of this appeal.


EN BANC
92-KA-01067-SCT

Shields, Joseph E. v. State of Mississippi Appeal No. 13254 from Judgment dated JANUARY 08, 1992, Lafayette County Circuit Court; DISPOSITION - Motion for Rehearing denied. Lee, C.J., Sullivan, P.J., Pittman and McRae, JJ., would grant.


EN BANC
UU 93-KP-00692-SCT

Jones, Robert James v. State of Mississippi Appeal No. 9212431 from Judgment dated MAY 14, 1993, Washington County Circuit Court; Reversed and Remanded for evidentiary hearing solely as to the findings of the trial court judge at sentencing. Roberts, J., Prather, P.J., Pittman, Smith and Mills, JJ., Concur. Lee, C.J., Concurs in result only. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J. Washington County is taxed with all costs of this appeal.


EN BANC
93-KA-00792-SCT

Stewart, Robert v. State of Mississippi Appeal No. 13978 from Judgment dated JULY 09, 1993, Pike County Circuit Court; DISPOSITION - Motion for Rehearing denied


EN BANC
X 93-CT-00956-SCT

Jones, Robert Lewis v. State of Mississippi Appeal No. 91105832 from Judgment dated AUGUST 18, 1993, Jackson County Circuit Court; Reversed and Rendered. McRae, J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Mills, JJ., Concur. Lee, C.J., Concurs in result only. Smith, J., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
93-CA-01103-SCT

Benson, Patricia Boyd v. Gary Wayne Benson Appeal No. 14224003 from Judgment dated AUGUST 25, 1993, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion for Rehearing denied.


EN BANC
94-KA-00081-SCT

Stewart, Ollie Dewayne v. State of Mississippi Appeal No. 92105251 from Judgment dated AUGUST 03, 1993, Jackson County Circuit Court; DISPOSITION - Motion for Rehearing denied.


EN BANC
XXX 94-CA-00269-SCT

Wright, Chauncy, Marjorie Ann Jones and Phyllis Renee Wright v. Dr. James O. White, Dr. Alton B. Cobb, Carolyn Boatwright, Pamela Pitchford, Alicia Crowder, Tucker Brown, Individual Members of the State Board of Health; Mississippi State Department of Health; the State Board of Health; and Walter Booker Appeal No. 9375462CV from Judgment dated FEBRUARY 09, 1994, Hinds County Circuit Court, First Judicial District; Affirmed. Lee, C.J., Pittman, Roberts, Smith and Mills, JJ., Concur. Banks, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Prather and Sullivan, P.JJ.; McRae, J., Dissents with Separate Written Opinion joined in part by Banks, J. Appellant is taxed with all costs of this appeal.


EN BANC
94-CT-00302-SCT

Mills, Yolanda Eunice v. State of Mississippi Appeal No. TK92036 from Judgment dated SEPTEMBER 29, 1993, Tippah County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Yolanda Eunice Mills 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-CT-00625-SCT

Swails, III, William (Billy) Taylor v. American Mutual Fire Insurance Company Appeal No. 94006 from Judgment dated JUNE 14, 1994, Lowndes County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by appellee denied. To Deny: Lee, C.J., Prather, P.J., Sullivan, P.J., Pittman, Banks, McRae, Roberts and Smith, JJ. To Grant: Mills, J. Order entered


EN BANC
94-CT-00930-SCT

Smith, Mattie and North Mississippi Rural Legal Services v. Oxford School District Appeal No. 93310 from Judgment dated NOVEMBER 12, 1993, Lafayette County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by North Mississippi Rural Legal Services denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts, Smith and Mills, JJ. To Grant: Banks and McRae, JJ. Order entered.


EN BANC
94-CT-01017-SCT

Walker, Charles a/k/a Charles Henry Walker v. State of Mississippi Appeal No. UK94017 from Judgment dated JUNE 23, 1994, Union County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Charles Walker 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-CT-01104-SCT

Latham, Ervin v. State of Mississippi Appeal No. 6056 from Judgment dated SEPTEMBER 15, 1994, Noxubee County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Ervin Latham denied. To Deny: All Justices. Order entered.


EN BANC
94-CT-01155-SCT

Meeks, Penny Lynn v. State of Mississippi Appeal No. CR94045 from Judgment dated OCTOBER 14, 1994, Alcorn County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Penny Lynn Meeks denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, McRae, Roberts, Smith and Mills, JJ. To Grant: Banks, J. Order entered.


EN BANC
95-CT-00516-SCT

Pine Belt Association for Community Enhancement (P.A.C.E.), and Peggy Butler, both Officially and Individually v. Gaye Newsome Appeal No. 6923701 from Judgment dated FEBRUARY 25, 1995, Forrest County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Gaye Newsome denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, McRae, Roberts, Smith and Mills, JJ. To Grant: Banks, J. Order entered.


EN BANC
95-CT-00703-SCT

White, Tommy a/k/a Larry Burnside v. State of Mississippi Appeal No. 5352 from Judgment dated JUNE 26, 1995, Quitman County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Tommy White a/k/a Larry Burnside granted. To Grant: Lee, C.J., Sullivan, P.J., Pittman, Banks and McRae, JJ. To Deny: Prather, P.J., Roberts, Smith and Mills, JJ. Order entered.


EN BANC
96-CT-00041-SCT

Brooks, Doris v. Panola Mills, Inc. and The Travelers Insurance Company, a/k/a The Travelers Companies Appeal No. CV950124 from Judgment dated DECEMBER 22, 1995, Panola County Circuit Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Doris Brooks denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. Order entered.