Mississippi Supreme Court

Hand Down Lists
May 16, 1996

05/16/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Chuck McRae, J.
X 92-CA-00655-SCT

Garrett, Joseph v. Northwest Mississippi Junior College n/k/a Northwest Mississippi Community College Appeal No. 5429 from Judgment dated MAY 26, 1992, Tate County Circuit Court; Reversed and Remanded. Mills, J., Not Participating. Appellee is taxed with all costs of this appeal.


Chuck McRae, J.
U 94-KP-00653-SCT

Bell, Rodney v. State of Mississippi Appeal No. 94043CV1 from Judgment dated JULY 21, 1994, Lowndes County Circuit Court; Reversed and Remanded for proceedings consistent with the Opinion of this Court. Lowndes County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 92-CA-01090-SCT

Britton & Koontz First National Bank v. Cecil Gill Smith Appeal No. 4485 from Judgment dated SEPTEMBER 24, 1992, Jefferson County Circuit Court; Reversed and Remanded. Lee, C.J., Concurs in result only. Appellee is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 93-CA-00443-SCT

McGee, Richard v. Dr. Juan Santos, Dr. John Dial and Dr. William B. Tumlinson Appeal No. 9215425 from Judgment dated MARCH 16, 1993, Sunflower County Circuit Court; Reversed and Remanded. Lee, C.J., Not Participating. Appellee is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
XX 93-KA-00741-SCT

Catchings, Vernon Ray v. State of Mississippi Appeal No. 91113CRH from Judgment dated FEBRUARY 09, 1993, Hinds 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., Dissents with Separate Written Opinion joined by Lee, C.J., Sullivan, P.J., and McRae, J. Hinds County is taxed with all costs of this appeal.


Dan M. Lee, C.J.
U 92-CA-01003-SCT

Sims, Melanie Kay, by and through Sarah Jane Dykes, Natural Mother and Next Friend, and Sarah Jane Dykes, General Guardian, and Sarah Jane Dykes, Individually v. Clyde Revette, Fred Andrews, Robert (Bobby) Reynolds, Lincoln M. Street and James E. Bunch, Wayne County Board of Supervisors; Robert (Bobby) Sims, Clara Sims, Charles Holifield, Jo Beth Holifield, Dennis Clark, Mildred Clark, Reggie Clark, Linda Clark, R Appeal No. 19419 from Judgment dated AUGUST 26, 1992, Wayne County Chancery Court; Reversed and Rendered. Appellees are taxed with all costs of this appeal.


Dan M. Lee, C.J.
U 93-CA-00199-SCT

Matlock, Estate of Patsy Cranford Nabors, by and through its duly appointed Executrix, Teresa Nabors Tate v. Employers Mutual Casualty Company, Richard C. Comans and Shirley Ashmore Appeal No. 8031 from Judgment dated MAY 05, 1992, Coahoma County Circuit Court; Reversed and Remanded. McRae, J., Concurs in result only. Appellees are taxed with all costs of this appeal.


EN BANC
89-R -99021-SCT

Rules for Court Reporters DISPOSITION - Petition of the Mississippi Court Reporters Association Requesting an amendment of Appendix III, Guidelines for Court Reporters, Section II, Transcripts - How Prepared granted. Appendix III, Guidelines for Court Reporters, Section II, Transcripts - How Prepared is amended by adding sub-section (c). Order entered.


EN BANC
89-R -99025-SCT

Uniform Rules of Circuit and County Courts, In Re: DISPOSITION - Petition by Central Legal Staff of this Court to amend certain provisions of the Uniform Rules of Circuit and County Court Practice granted. The following sections are amended as set out in the Order of this Court: URCCC 5.04, URCCC 5.07, URCCC 5.08, URCCC 5.09 and URCCC 12.02. Order entered.


EN BANC
89-R -99027-SCT

Mississippi Rules of Appellate Procedure, In Re: DISPOSITION - On Court's own Motion and by Petition filed by the Mississippi Court Reporters Association requesting an amendment of Appendix III, Guidelines for Court Reporters, Section II, Transcripts - How Prepared granted. Appendix III, Guidelines for Court Reporters, Section II, Transcripts - How Prepared is amended by adding sub-section (c). Order entered.


EN BANC
XX 90-CA-01206-SCT

Luther McGill, Inc. v. Richard T. Bradley and Liberty Mutual Insurance Company Appeal No. 8917 from Judgment dated SEPTEMBER 25, 1990, Jones County Circuit Court, Second Judicial District; Petition for Rehearing granted. The original opinions are withdrawn and these opinions are substituted therefor. Judgment is Affirmed. Statutory penalties and interest are awarded. McRae, J., Lee, C.J., Sullivan, P.J., Pittman, Banks and Roberts, JJ., Concur. Smith, J., Dissents with Separate Written Opinion joined by Prather, P.J., and Mills, J. Appellant is taxed with all costs of this appeal.


EN BANC
X 91-CA-00470-SCT

Northern Electric Company and Toby Minter v. Bertis Phillips Appeal No. 7903023 from Judgment dated MARCH 22, 1991, Forrest County Circuit Court; DISPOSITION - Appellee's Motion to Re-Tax Costs denied in all respects except as to the cost of premiums for a supersedeas bond, taxation is suspended and the matter is remanded to the circuit court for disposition in accordance with the Opinion and/or Order of this Court. Order entered.


EN BANC
91-KA-00756-SCT

Lucas, Jimmy v. State of Mississippi Appeal No. 8412 from Judgment dated JULY 31, 1991, Wayne County Circuit Court; COUNT II: Conviction of lustful touching of a child and Sentence of ten (10) years in the custody of the Mississippi Department of Corrections Affirmed. Roberts, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Smith and Mills, JJ., Concur. Appellant is taxed with all costs of this appeal.


EN BANC
92-DP-00568-SCT

Walker, Alan Dale v. State of Mississippi Appeal No. 25945 from Judgment dated AUGUST 12, 1991, Harrison County Circuit Court, First Judicial District; DISPOSITION - Appellant's Motion for Stay of Mandate denied. Prather and Sullivan, P.JJ., and Banks, J., would grant. Order entered.


EN BANC
92-CA-01119-SCT

MidSouth Rail Corporation v. Victor J. O'Connor Appeal No. 5263 from Judgment dated OCTOBER 12, 1992, Hinds County Circuit Court, Second Judicial District; DISPOSITION - Petition for Rehearing denied. McRae, J., would grant.


EN BANC
92-CA-01187-SCT

Drennan, Doris v. The Kroger Company d/b/a Kroger Food Stores Appeal No. 19960 from Judgment dated AUGUST 11, 1992, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Rehearing denied.


EN BANC
92-CT-01266-SCT

Trilogy Communications, Inc. v. Thomas Truck Lease, Inc. Appeal No. 18600 from Judgment dated AUGUST 05, 1992, Lowndes County Circuit Court; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Sullivan, P.J., Pittman, Banks, Roberts, Smith and Mills, JJ.; To Grant: McRae, J.; Prather, P.J., Not Participating. Order entered.


EN BANC
XX 93-CA-00040-SCT

Merrimack Mutual Fire Insurance Company v. Linda Kay McDill Appeal No. 16371 from Judgment dated DECEMBER 18, 1992, Rankin County Circuit Court; Reversed and Remanded for Jury Trial on Household Resident Status. Dan Lee, C.J., Prather, P.J., Pittman, Roberts and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J.; Smith, J., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
XX 93-KA-00061-SCT

Stevenson, Arthur L. v. State of Mississippi Appeal No. 7742V from Judgment dated JANUARY 11, 1993, Warren County Circuit Court; On change of venue to Sharkey County. Reversed and Remanded. Roberts, J., Prather and Sullivan, P.JJ., Pittman, Banks and Smith, JJ., Concur. Lee, C.J., Dissents with Separate Written Opinion joined by McRae and Mills, JJ. Warren County is taxed with all costs of this appeal.


EN BANC
93-CA-00317-SCT

Ross-King-Walker, Inc. v. Helen Henson and Triple A Painting, Inc. Appeal No. 119922 from Judgment dated OCTOBER 30, 1992, Lamar County Circuit Court; DISPOSITION - Petition for Rehearing denied. Lee, C.J., would grant. DISPOSITION - Appellee's Motion to Strike the Petition for Rehearing denied. Order entered.


EN BANC
94-CT-00054-SCT

Warnock, Paul Joseph a/k/a "Jody" v. State of Mississippi Appeal No. 10979V from Judgment dated OCTOBER 08, 1993, Warren County Circuit Court; DISPOSITION - On Court's own Motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for decision on Appellant's Petition for Writ of Certiorari under M.R.A.P. 17(e) is extended until June 24, 1996. Order entered.


EN BANC
XX 94-IA-00166-SCT

McMillan, Dr. Beverly A. and Mississippi Baptist Medical Center v. Thomas D. Puckett and Tamara L. Puckett, Individually and on Behalf of the Wrongful Death Heirs of Sandra L. Puckett, Deceased Appeal No. 2981 from Judgment dated AUGUST 16, 1993, Leake County Circuit Court; Judgment is Affirmed. McRae, J., Sullivan, P.J., Pittman, Roberts, Smith and Mills, JJ., Concur. Lee, C.J., Concurs in result only. Banks, J., Dissents with Separate Written Opinion joined by Prather, P.J. Appellants are taxed with all costs of this appeal.


EN BANC
XX 95-DP-00750-SCT

Foster, Ronald Chris a/k/a Ron Chris Foster v. State of Mississippi Appeal No. 11229 from Judgment dated JANUARY 18, 1991, Lowndes County Circuit Court; On change of venue to Lauderdale County. Application for Leave to File Post-Conviction Relief Motion to Vacate Conviction and/or Death Sentence Denied. Smith, J., Lee, C.J., Prather, P.J., Pittman and Roberts, JJ., Concur. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J.; McRae and Mills, JJ., Not Participating. Lowndes County is taxed with all costs of this appeal.


EN BANC
95-CA-00856-

Puckett, Steve, Commissioner of the Mississippi Department of Corrections v. Larry Abels, Deviassi Lateff Adams, Eugene Adams, Freddie Adams, Jr., Roy Lee Adams, Willie Addison, Timothy Akbar, Charles Lydel Aldrige, Jimmy Frank Allen, Patrick Allen, Vergil Maurese Allen, Charles Allison, Sherman Oneil Amos, Judy Anderson, Levonzel Appeal No. 25195535CIV from Judgment dated JULY 18, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellees' Motion for Recusal of Justice Michael P. Mills denied. Order entered.


EN BANC
96-M -00114-SCT

In Re: Kirk Fordice, As Governor of the State of Mississippi Appeal No. 941429 Jackson County Chancery Court; DISPOSITION - Motion for Supplementation filed by Kirk Fordice, as Governor of the State of Mississippi granted. Sullivan, P.J., and McRae, J., would deny. Lee, C.J., abstains. Order entered. DISPOSITION - On Court's own Motion and Petitioner's request in his Petition for Writ of Mandamus and Prohibition and for Declaratory Judgment for this Court to set up a briefing schedule in this matter granted. Petitioner's brief will be filed with the Clerk of this Court within fourteen days after entry of this order. Respondent's brief will be filed with the Clerk of this Court within fourteen days after the filing of the Petitioner's brief. The Petitioner's reply brief will be filed within seven days after the filing of the Respondent's brief. No extensions of time will be allowed and all briefs must be received by the Clerk of this Court by the date they are due. McRae, J., Dissents. Order entered. DISPOSITION - Motion for Recusal of Justice C. R. McRae filed by Kirk Fordice, as Governor of the State of Mississippi denied. Order entered.