Hand Down Lists
May 14, 1998
William L. Waller, Jr.,J.
X
96-CA-00765-SCT
Clark, John W. v. State Farm Mutual Automobile Insurance Company
Appeal No. 950225 from Judgment dated JUNE 10, 1996, Jackson County Circuit Court; Affirmed. McRae, J., Not Participating. Appellant is taxed with all costs of this appeal.
William L. Waller, Jr.,J.
X
96-KA-00775-SCT
Collier, Johnny v. State of Mississippi
Appeal No. 8310 from Judgment dated MAY 21, 1996, Bolivar County Circuit Court, Second Judicial District; Conviction of touching a child for lustful purposes and Sentence as an habitual offender to ten years in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run consecutively with any other sentence imposed. Bolivar County is taxed with all costs of this appeal.
Michael P. Mills, J.
X
96-CA-00509-SCT
CHAMBERS, VINCENT IN THE MATTER OF THE ESTATE OF, DECEASED: Angella Brown, Individually and as Mother and Next Friend of Shabaz Monet Brown, a Minor v. IN THE MATTER OF THE ESTATE OF VINCENT CHAMBERS, DECEASED: Angella Brown, Individually and as Mother and Next Friend of Shabaz Monet Brown, a Minor v. Edna Chambers Jackson, Administratrix of the Estate of Vincent Chambers, Deceased, and Lee Monroe, Sr.
Appeal No. 8658 from Judgment dated APRIL 30, 1996, Jefferson County Chancery Court; Reversed and Remanded. McRae, J., Concurs in result only. Appellee is taxed with all costs of this appeal.
Michael P. Mills, J.
XX
96-CA-00887-SCT
Turner, Elbert v. James T. Pickens
Appeal No. 7406 from Judgment dated JUNE 05, 1996, Claiborne County Circuit Court; Affirmed. McRae, J., Dissents with Separate Written Opinion joined by Roberts, J. Appellant is taxed with all costs of this appeal.
Michael P. Mills, J.
U 96-KA-01274-SCT
Lee, Ray Alonzo v. State of Mississippi
Appeal No. 64195 from Judgment dated MARCH 01, 1996, Lauderdale County Circuit Court; COUNT I: Conviction of robbery and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, with conditions, payment of a $1,0000 fine and court costs Affirmed. COUNT II: Conviction of robbery and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, with conditions, and payment of a $1,000 fine Affirmed. Sentence in Count II shall run concurrently with sentence in Count I but sentence in each count shall run consecutively to Cause Nos. 7597 and 7644 in Clarke County. Sullivan, P.J., and Banks, J., Concur in result only. Lauderdale County is taxed with all costs of this appeal.
Michael P. Mills, J.
X
97-CA-00414-SCT
Vortice, Brenda, Administratrix of the Estate of Henry Vortice, Sr., and Henry Earl Vortice, Jr., Jerimiah Vortice Pollard and Jerrika Vortice, Minors v. Kirk Fordice, Governor; Jim Ingram, Commissioner of Department of Public Safety; and Jimmy Stringer, Director of Department of Public Safety
Appeal No. CI960060 from Judgment dated FEBRUARY 26, 1997, Coahoma County Circuit Court; Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.
James W. Smith, J.
XX
96-CC-01298-SCT
Hall, Terrence J., M. D. v. Board of Trustees of State Institutions of Higher Learning
Appeal No. 951097CIV from Judgment dated OCTOBER 21, 1996, Hinds County Circuit Court, First Judicial District; Affirmed in Part; Reversed and Rendered in Part for proceedings consistent with the opinion of this Court. McRae, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Sullivan and Pittman, P.JJ. Banks, J., Not Participating. Appellant and Appellee are taxed equally with all costs of this appeal.
James L. Roberts Jr., J.
U 97-CC-00076-SCT
Dauro, Michael A., Bennetta J. Dauro, Mark A. Taylor, Leslie Crosby, Claire Crosby, Herchel Stamper, Vincent A. Dauro, Revis D. Niolet, Jr., Sidney Schepens, Steve Rayburn, Gladys Schepens, Myra Rayburn, Joe Schepens, Fred Meadows, Linda Schepens, Brenda v. The City of Long Beach, Mississippi
Appeal No. 22287 from Judgment dated DECEMBER 04, 1996, Harrison County Circuit Court, First Judicial District; Judgment Affirmed. Appellant is taxed with all costs of this appeal.
Chuck McRae, J.
U 96-CA-00882-SCT
McCalister, Rickey D. a/k/a Rickey Darrell McCalister v. State of Mississippi
Appeal No. 96094GA from Judgment dated OCTOBER 02, 1996, Alcorn County Circuit Court; Lower Court's Denial of Post-Conviction Relief Affirmed. All costs of this appeal are taxed to Alcorn County.
Fred L. Banks, J.
U 96-CA-00882-SCT
Wright, Jeffrey a/k/a Jeffery Wright v. State of Mississippi
Appeal No. 7216 from Judgment dated JULY 18, 1996, Clay County Circuit Court; Count I: Conviction of burglary of a dwelling and Sentence of ten (10) years in the custody of the Mississippi Department of Corrections Affirmed. Count II: Conviction of robbery as an habitual offender and Sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections Affirmed. Sentences in Count I and II shall run consecutively. Clay County is taxed with all costs of this appeal.
Fred L. Banks, J.
U 97-CA-00144-SCT
Wilson, Kenny a/k/a Kenny L. Wilson v. State of Mississippi
Appeal No. 7762 from Judgment dated FEBRUARY 05, 1996, Bolivar County Circuit Court, Second Judicial District; Denial of Post Conviction Relief Affirmed. All costs of this appeal are taxed to Bolivar County.
Lenore L. Prather, C.J.
X
96-CC-00678-SCT
Horton, Roy L. v. Public Employees' Retirement System of Mississippi, Agency of the State of Mississippi, Acting By and Through Its Board of Trustees
Appeal No. 95753CIV from Judgment dated MAY 24, 1996, Hinds County Circuit Court, First Judicial District; Judgment Affirmed. Appellant is taxed with all costs of this appeal.
Lenore L. Prather, C.J.
X
96-CA-00762-SCT
Jones, Randy E. v. Panola County, Mississippi
Appeal No. CV940195 from Judgment dated MARCH 13, 1996, Panola County Circuit Court, Second Judicial District; Reversed and Remanded. Appellee is taxed with all costs of this appeal.
EN BANC
89-R -99001-SCT
Mississippi, In Re: Rules of Civil Procedure in All Chancery, Circuit and County Courts of the State
DISPOSITION - On Court's own motion, Rule 4(f) to the Mississippi Rules of Civil Procedure and the accompanying comment and historical note are amended as set out in Appendix A to this order. Rule 15(c) to the Mississippi Rules of Civil Procedure and the accompanying comment and historical notes are amended as set out in Appendix B to this order. The historical note set out in Appendix C to this order shall be added to the historical notes for Rule 43 of the Mississippi Rules of Civil Procedure. Rule 45 of the Mississippi Rules of Civil Procedure and the accompanying comment are amended as set out in Appendix D to this order, with the addition of the historical note. These amendments shall be effective on July 1, 1998. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. McRae, J., would deny the proposed amendment of Rule 4(f) because the consequences must be defined. McRae, J., would deny the proposed amendment of Rule 15(c) because it is restrictive of Brown v. Winn Dixie. McRae, J., would deny the proposed amendment of Rule 45. Pittman, P.J., Not Participating. Order entered.
89-R -99002-SCT
Mississippi, In Re: Rules of Evidence
DISPOSITION - On Court's own motion, Rule 601 of the Mississippi Rules of Evidence is amended by deleting Rule 601(b) and the existing Rule 601(c) is now designated as Rule 601(b). The Advisory Committee Comment and the historical notes to Rule 601 are amended as set out in this order. These amendments shall be effective on July 1, 1998. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Sullivan, P.J., would deny. Pittman, P.J., Not Participating. Order entered. On Court's own motion, the Comment to Rule 901(b)(6) of the Mississippi Rules of Evidence is hereby amended by deleting from such Comment the following language: "This practice has been approved by the Mississippi Court. See Acosta v. State, 222 Miss. 426, 76 So. 2d 211 (1954)." Such amendment shall be effective on July 1, 1998. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Order entered.
89-R -99027-SCT
Mississippi, In Re: Rules of Appellate Procedure
DISPOSITION - On Court's own motion, Rule 4 of the Mississippi Rules of Appellate Procedure and the accompanying comment are amended as set out in Appendix A to this order. The historical notes are adopted as set out in Appendix B to this order. These amendments shall be effective July 1, 1998. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Pittman, P.J., Not Participating. Order entered.
EN BANC
92-KA-00978-SCT
Thompson, Herbert a/k/a "Buddy Boy" v. State of Mississippi
Appeal No. 5194 from Judgment dated SEPTEMBER 14, 1992, Quitman County Circuit Court; DISPOSITION - Herbert Thompson's Motion for Rehearing as Provided Under Rule 40 of the Mississippi Rules of Appellate Procedure denied. Prather, C.J., Sullivan, P.J., Banks and Waller, JJ., would grant. Pittman, P.J., Not Participating. Order entered.
EN BANC
93-KA-00591-SCT
Graves, Michael Lynn v. State of Mississippi
Appeal No. 12430 from Judgment dated MAY 17, 1993, Oktibbeha County Circuit Court; DISPOSITION - Motion for Rehearing denied. Waller, J., would grant.
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 - Pro se Motion to Retract Mandate filed by Evans denied. McRae, J., Not Participating. Order entered. DISPOSITION - Pro se Motion to Quash Order Setting Execution Date filed by Evans denied. McRae, J., Not Participating. Order entered.
EN BANC
X
93-CT-01266-SCT
Thames, Robert E. v. Smith Insurance Agency, Inc.
Appeal No. 18855 from Judgment dated JUNE 02, 1993, Lincoln County Circuit Court; CONSOLIDATED WITH: 93-CT-01267-SCT - Robert Thames d/b/a Malta Mart v. Smith Insurance Agency, Inc.; Appeal No. 18856 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; CONSOLIDATED WITH: 93-CT-01268-SCT - Seaview Resorts, Inc. v. Smith Insurance Agency, Inc.; Appeal No. 19023 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; The decision of the Court of Appeals and the judgment of the trial court Affirmed. Banks, J., Prather, C.J., Sullivan and Pittman, P.JJ., Roberts, Smith and Mills, JJ., Concur. McRae, J., Concurs in result only. Waller, J., Not Participating. Robert Thames is taxed with all costs of this appeal.
EN BANC
93-CT-01365-SCT
Donald, James H. and Barbara Lindsay Donald v. Triple S Well Service, Inc.
Appeal No. 7754 from Judgment dated NOVEMBER 08, 1993, Jefferson Davis County Circuit Court; DISPOSITION - Motion for Rehearing denied. Smith and Mills, JJ., Would Grant.
EN BANC
XX
94-CA-00289-SCT
Parker, Tim and Denise Parker, Individually, and Danieka Parker, by and through her Next Friend and Natural Mother, Denise Parker v. The City of Philadelphia, Mississippi
Appeal No. 9167182 from Judgment dated FEBRUARY 16, 1994, Hinds County Circuit Court, First Judicial District; On change of venue to Neshoba County. Affirmed. Mills, J., Prather, C.J., Pittman, P.J., Roberts and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., Banks and Waller, JJ. Appellant is taxed with all costs of this appeal.
EN BANC
94-CT-00901-SCT
Jack Gray Transport, Inc. and Robert G. McComas, Jointly and Severally v. Lois Taylor and Joe Taylor
Appeal No. 93067 from Judgment dated JUNE 22, 1994, Monroe County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Lois Taylor and Joe Taylor granted. To Grant: All Justices. Order entered.
EN BANC
94-CT-00916-SCT
Levy, Travis v. State of Mississippi
Appeal No. 8410 from Judgment dated SEPTEMBER 12, 1994, Leake County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Travis Levy denied. To Deny: All Justices. Order entered.
EN BANC
XX
94-CA-00971-SCT
Mississippi Transportation Commission Ex Rel Mike Moore, Attorney General, State of Mississippi v. Rhonda Allday
Appeal No. 9313 from Judgment dated MARCH 22, 1994, Jones County Circuit Court, First Judicial District; Reversed and Rendered. Prather, C.J., Sullivan, P.J., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Pittman, P.J. Waller, J., Not Participating. Appellee is taxed with all costs of this appeal.
EN BANC
95-CT-00945-SCT
Lambert, Woodie C. v. State of Mississippi
Appeal No. 1918 from Judgment dated SEPTEMBER 13, 1995, Walthall County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by the State of Mississippi granted. To Grant: Pittman, P.J., Roberts, Smith and Waller, JJ. To Deny: Prather, C.J., Sullivan, P.J., Banks, McRae and Mills, JJ. Order entered.
EN BANC
X
95-CT-00792-SCT
Enterprise Products Company v. Board of Supervisors of Forrest County, Mississippi, and the Petal School District
Appeal No. 12934154 from Judgment dated JULY 15, 1995, Forrest County Circuit Court; The decision of the Court of Appeals is Reversed and Rendered. The order of the trial court granting JNOV is reinstated. Sullivan, P.J., Prather, C.J., Pittman, P.J., Banks, McRae, Roberts, Smith, Mills and Waller, JJ., Concur. Enterprise Products Company is taxed with all costs of this appeal.
EN BANC
X
95-CT-01149-SCT
Richard, Deborah A. v. Everett Clyde Richard
Appeal No. 943213 from Judgment dated OCTOBER 19, 1995, Jackson County Chancery Court; The judgment of the Court of Appeals is reversed. The judgment of the chancery court is reinstated. Smith, J., Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Roberts, Mills and Waller, JJ., Concur. Everett Clyde Richard is taxed with all costs of this appeal.
EN BANC
95-CT-01165-SCT
MORRIS, JAMES ANDREW, IN RE: THE ESTATE OF : Donna Marie Morris Drewery v. Talmadge Hershel Morris, Executor
Appeal No. 24188 from Judgment dated OCTOBER 04, 1995, Alcorn County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Donna Marie Morris Drewery denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., McRae, Roberts, Smith, Mills and Waller, JJ. To Grant: Banks, J. Order entered.
EN BANC
XX
96-CA-00136-SCT
J & W Foods Corporation and Jerrie Lynn Kelly Hughes v. State Farm Mutual Automobile Insurance Company
Appeal No. 95977CIV from Judgment dated JANUARY 24, 1996, Hinds County Circuit Court, First Judicial District; Reversed and Remanded. McRae, J., Sullivan and Pittman, P.JJ., Banks and Roberts, JJ., Concur. Mills, J., Dissents with Separate Written Opinion joined by Prather, C.J., and Smith, J. Waller, J., Not Participating. Appellee is taxed with all costs of this appeal.
EN BANC
96-CT-00445-SCT
Southland Management Company v. Paul Brown, a Minor, By and Through His Mother and Next Friend, Alberta Brown
Appeal No. 9066320 from Judgment dated MARCH 22, 1996, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Appellee granted. To Grant: Prather, C.J., Sullivan, P.J., Banks, McRae and Waller, JJ. To Deny: Pittman, P.J., Roberts, Smith and Mills, JJ. Order entered.
EN BANC
X
97-BR-00032-SCT
Robb, Robert Charles, III, In Re: Petition of, for Reinstatement to Practice Law
Appeal No. 93BA1051 from Judgment dated JUNE 20, 1996, MS Supreme Court; Petition of Robert Charles Robb, III, for Reinstatement to Practice Law granted. Mills, J., Prather, C.J., Sullivan and Pittman, P.JJ., Roberts, Smith and Waller, JJ., Concur. Banks and McRae, JJ., Concur in result only. Robb is taxed with all costs of this appeal.
EN BANC
X 97-DP-00375-SCT
Mack, Jimmie v. State of Mississippi
Appeal No. 7344 from Judgment dated JUNE 29, 1991, Bolivar County Circuit Court, Second Judicial District; Pro Se Application for Leave to File Motion for Post Conviction Relief denied. Smith, J., Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Roberts, Mills and Waller, JJ., Concur. McRae, J., Concurs in result only. Bolivar County is taxed with all costs of this appeal. DISPOSITION - Mack's motion for rehearing granted. This Court's opinion of March 12, 1998 is withdrawn. Order entered. DISPOSITION - State's motion for modification or clarification of opinion dismissed as moot. Order entered. DISPOSITION - Mack's motion to withdraw his motion for post-conviction collateral relief dismissed as moot. Order entered.
EN BANC
97-BA-00917-SCT
Attorney AAA v. The Mississippi Bar
Appeal No. 95B773 from Judgment dated JUNE 30, 1997, Complaint Tribunal; DISPOSITION - Emergency Motion for Stay of Judgment and Supersedeas filed by the appellant granted. The judgment of the Complaint Tribunal from which this appeal is pending is stayed and supersedeas granted, in accordance with the provisions of Rule 9.3 of the Rules of Discipline for The Mississippi Bar, pending final disposition of this cause on appeal. Order entered.
EN BANC
97-M -01610-SCT
Grant Boyette, In Re:
Appeal No. 6631 from Judgment dated DECEMBER 16, 1997, Rankin County Circuit Court; DISPOSITION - On January 29, 1998, pursuant to Petition for Extraordinary Relief, this Court vacated the Order Setting Bail entered on December 16, 1997. On February 10, 1998, this Court declined to vacate or set aside its January 29, 1998, order. This Court now vacates the orders entered January 29, 1998 and February 10, 1998. The Order Granting Bail entered on December 16, 1997, in the circuit court in causes identified as State of Mississippi v. Grant Boyette, Criminal Action Numbers 6631, 6636 and 6637 are reinstated, with Boyette to be released on bond in the amount and upon conditions set in such Order Granting Bail. Pittman, P.J., Roberts and Smith, JJ., would not vacate prior orders. Pittman, P.J., Roberts, Smith and Mills, JJ., would remand to the circuit court for bond hearing. McRae, J., files a separate written statement to this order. Order entered.