Mississippi Supreme Court

Hand Down Lists
May 15, 1997

05/15/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
XXXX 93-CA-00117-SCT

Sheppard, Jr., Mitchell E. v. Mississippi State Highway Patrol, Jim Ingram, Director, Lt. Wayne Parker, Supervisor, Driver Improvement Branch, Mississippi State Highway Patrol and the Attorney General of the State of Mississippi, Mike Moore Appeal No. 16863 from Judgment dated JANUARY 22, 1993, Rankin County Circuit Court; Affirmed. Lee, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion. Sullivan, P.J., Dissents with Separate Written Opinion joined by Lee, C.J. and Pittman, J. McRae, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal.


Michael P. Mills, J.
XX 94-CA-00513-SCT

Weathersby, Sally Sayle v. John M. Weathersby Appeal No. 22495 from Judgment dated MAY 10, 1994, Sunflower County Chancery Court; Affirmed. McRae, J., Concurs in result only. Banks, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal.


Michael P. Mills, J.
U 94-CA-00988-SCT

Russell, Tommy Lee v. S. C. Perkins, Jr. Appeal No. CV9212642 from Judgment dated AUGUST 23, 1994, Leflore County Circuit Court; Reversed and Remanded. Lee, C. J. and Sullivan, P.J., Concur in result only. Appellee is taxed with all costs of this appeal.


Michael P. Mills, J.
XXX 94-KA-01049-SCT

Young, Eugene a/k/a Eugene R. Young v. City of Brookhaven Appeal No. 11310 from Judgment dated SEPTEMBER 28, 1994, Lincoln County Circuit Court; Conviction of careless driving and driving under the influence of intoxicating liquor and Sentence of forty-eight (48) hours in jail which may be substituted for community service work and payment of an $800 fine for D.U.I., a $75 fine for careless driving, court costs and his drivers license suspended Affirmed. Pittman, J., Concurs in result only. Sullivan, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Pittman and McRae, JJ. McRae, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
X 94-KA-01097-SCT

Dunn, Gregory Todd v. State of Mississippi Appeal No. CK93106 from Judgment dated AUGUST 09, 1994, Calhoun County Circuit Court; COUNT I: Conviction of murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. COUNT III: Conviction of aggravated assault upon a law enforcement officer and Sentence of thirty (30) years in the custody of the Mississippi Department of Corrections Affirmed. COUNT VI: Conviction of carrying a concealed weapon and Sentence of five (5) years in the custody of the Mississippi Department of Corrections Affirmed. Appellant is given four hundred and six (406) days jail time served. Calhoun County is taxed with all costs of this appeal.


Fred L. Banks, J.
U 94-KA-00261-SCT

Gatewood, Wallace v. State of Mississippi Appeal No. MK93050 from Judgment dated FEBRUARY 24, 1994, Marshall County Circuit Court; Conviction of sale of a controlled substance, cocaine, and Sentence of fifteen (15) years in the Mississippi Department of Corrections and ordered to pay a fine of $2,500 plus court costs and applicable fees Affirmed. Appellant is given credit for nine days jail time served. Appellant is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 95-CC-00509-SCT

Hoerner Boxes, Inc. v. Mississippi Employment Security Commission Appeal No. CV95036 from Judgment dated APRIL 12, 1995, Lee County Circuit Court; Affirmed. Prather, P.J., Concurs in result only. Appellant is taxed with all costs of appeal.


Michael Sullivan, P.J.
U 95-CA-00947-SCT

Burns, Rhonda Chipley v. Boyd T. Burns Appeal No. 940106 from Judgment dated AUGUST 04, 1995, Leake County Chancery Court; Affirmed. Appellant is taxed with all costs of this appeal.


EN BANC
93-CA-00955-SCT

Sumrall, Donald Dean v. Mississippi Power Company and Southern Company Services, Inc. Appeal No. 9152723 from Judgment dated MAY 12, 1993, Jackson County Circuit Court; DISPOSITION - Motion for Rehearing denied. Lee, C.J., would grant. Mills, J., Not Participating.


EN BANC
93-DP-00619-SCT

Lester, Gerry Lynn v. State of Mississippi Appeal No. 921012 from Judgment dated MARCH 01, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellee's Motion for Modification or Clarification of Opinion granted. Order entered.


EN BANC
94-US-00248-SCT

Brown, Joseph Patrick a/k/a "Peanut" v. State of Mississippi Appeal No. 9902 from Judgment dated MARCH 12, 1994, Adams County Circuit Court; DISPOSITION - State's Motion to Reset Execution Date granted. June 11, 1997, is hereby set as the date for execution of the appellant in the manner provided by law. Order entered.


EN BANC
94-CT-00270-SCT

Abbott Laboratories v. Tilghman H. Prosser a/k/a Tilghman M. Prosser Appeal No. 9272255 from Judgment dated SEPTEMBER 03, 1993, Hinds County Circuit Court, First Judicial District; CONSOLIDATED WITH: 94-CT-00679-SCT Abbott Laboratories v. Tilghman H. Prosser; Appeal No. 9272255 from Judgment dated JUNE 24, 1994, Hinds County Ciricuit Court, First Judicial District; DISPOSITION - Prosser's Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts and Smith, JJ. To Grant: Pittman, McRae and Mills, JJ. Order entered.


EN BANC
94-BD-00520-SCT

Mississippi Bar v. Jimmy D. McGuire Appeal No. 94BD520 from Judgment dated JUNE 03, 1994,; DISPOSITION - By order of this Court entered on December 15, 1994, the Bar's request for indefinite suspension of Jimmy D. McGuire was granted. On January 21, 1997, the Bar provided certification that the Fifth Circuit Court of Appeals affirmed the judgment of the District Court which affirmed McGuire's conviction. On Court's own motion, Jimmy D. McGuire is hereby disbarred from the practice of law. Jimmy D. McGuire is taxed with all costs of this appeal. Order entered.


EN BANC
94-CT-01063-SCT

Scott, Gladys and Jamie Scott v. State of Mississippi Appeal No. 4528 from Judgment dated OCTOBER 04, 1994, Scott County Circuit Court; DISPOSITION - Appellants' Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. Order entered.


EN BANC
94-CT-01164-SCT

Farmer, Arthur a/k/a Arthur Lee Farmer v. State of Mississippi Appeal No. 7076 from Judgment dated OCTOBER 17, 1994, Montgomery County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Arthur Farmer 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
94-CT-01230-SCT

Wilson, Tyrone a/k/a Tyrone Javon Wilson v. State of Mississippi Appeal No. 933227 from Judgment dated NOVEMBER 04, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Tyrone Wilson denied. To Deny: Lee, C.J., Prather, P.J., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: Sullivan, P.J., and McRae, J. Order entered.


EN BANC
97-M-00383-SCT

In Re: R. J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, Philip Morris Incorporated, and Lorillard Tobacco Company Appeal No. 94553 Jones County Circuit Court Second Judicial District; DISPOSITION - On Court's own motion the proceedings in Cause No. 94-5-53, Circuit Court of Jones County, are stayed pending disposition of the Petition for Extraordinary Writ of Prohibition. Pittman, J., Dissents. Banks, J., Not Participating. Order entered.