Mississippi Supreme Court

Hand Down Lists
May 17, 2001

05/17/2001 - Hand Down and published opinions in WordPerfect/ZIP format

Cobb, Kay Beevers
X 2000-CP-00671-SCT

Lofton, James a/k/a James Bernard Lawson v. United States of America, United States Government, State of Mississippi and Southern Plantations Hinds Circuit Court 1st District; LC Case#: 251-98-001237CIV; Ruling Date: 3/03/2000; Ruling Judge: L. Hilburn; Majority Opinion: Cobb, J. Disposition: Affirmed. Hinds County 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.


Waller, William L., Jr.
X 2000-KA-00825-SCT

Moore, Lee "Boo" v. State of Mississippi Chickasaw Circuit Court 2nd District; LC Case#: OK-99-026; Ruling Date: 05/02/2000; Ruling Judge: Henry Lackey; Majority Opinion: Waller, J. Disposition: Conviction of feloniously, knowingly and intentionally, without authority of law, selling and transferring a controlled substance (25.43 grams of cocaine), in violation of Miss. Code Ann. Section 41-29-139(a), and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, with seven (7) years suspended and eight (8) years to serve, and placement on five years post-release supervision, with conditions and payment of all fees and costs, affirmed. Chickasaw County taxed with costs of appeal. Votes: Pittman, C.J., Banks, P.J., McRae, P.J., Smith, J., Mills, J., Cobb, J., Diaz, J., Easley, J., Concur.


EN BANC
98-CT-00417-SCT

New Bellum Homes, Inc. v. Keith and Billie Jean Giffin Rankin Circuit Court; LC Case#: 95234; Ruling Date: 02/10/1998; Ruling Judge: Robert Goza, Jr.; Disposition: Motion for rehearing and to retax costs filed by New Bellum Homes, Inc., is denied. Cobb, J., would grant. Waller, J., not participating. Opinion clarified at paragraph 10.


EN BANC
98-CT-00727-SCT

Tyler, Charles Dean v. State of Mississippi Washington Circuit Court; LC Case#: 24480; Ruling Date: 02/13/1998; Ruling Judge: W. Hines; Disposition: Petition for Writ of Certiorari filed by Charles Dean Tyler is denied. To Deny: Pittman, C.J., Banks and McRae, P.JJ., Smith, Waller, Diaz and Easley, JJ. To Grant: Mills and Cobb, JJ. Order entered.


EN BANC
XX 1998-KA-01706-SCT

Strickland, Bobby v. State of Mississippi Clarke Circuit Court; LC Case#: 7938; Ruling Date: 10/21/1998; Ruling Judge: Robert Bailey; Majority Opinion: McRae, P.J. Disposition: Conviction of felony DUI as a habitual offender under Mississippi Code Annotated Section 99-19-83 and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, with conditions, and payment of a fine of $2,000.00, all fees and costs, affirmed. Clarke County taxed with costs of appeal. Votes: Banks, P.J., Waller, J., Diaz, J., Concur. Pittman, C.J., Smith, J., Cobb, J., Easley, J., Concur in result only. Concurring in Result and Dissenting in Part Opinion: Smith, J. Votes: Pittman, C.J., Mills, J., Cobb, J., Join.


EN BANC
1999-CT-00231-SCT

Bailey, Nelson v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 971021; Ruling Date: 10/22/1997; Ruling Judge: L. Hilburn; Disposition: Petition for Writ of Certiorari filed by Nelson Bailey is denied. To Deny: All Justices. Order entered.


EN BANC
XX 1999-DP-00975-SCT

Goodin, Howard a/k/a Howard D. Gooden a/k/a Howard Dean Goodin v. State of Mississippi Newton Circuit Court; LC Case#: 99CR0002; Ruling Date: 05/19/1999; Ruling Judge: Marcus Gordon; Majority Opinion:Mills, J. Disposition: On change of venue to Lamar County. Count I: Conviction of capital murder and sentence of death by lethal injection, affirmed. Count II: Conviction of armed robbery and sentence of life imprisonment in the Mississippi Department of Corrections, without the benefit of parole, suspension or reduction of sentence, he being sentenced as per Section 99-19-83 of the Mississippi Code of 1972, Annotated, as a habitual offender, and one prior conviction being a crime of violence, affirmed. Newton County taxed with costs of appeal. Votes: Pittman, C.J., Waller, J., Cobb, J., Diaz, J., Easley, J., Concur. McRae, P.J., Concurs in result only. Smith, J., Not Participating. Concurring in Part and Dissenting in Part Opinion: Banks, P.J.


EN BANC
1999-CT-01011-SCT

Robinson, Troy Douglas a/k/a Troy Douglas Robertson v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 24019900095; Ruling Date: 04/22/1999; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for Writ of Certiorari filed by Troy Douglas Robinson is denied. To Deny: All Justices. Order entered.


Banks, Fred L., Jr.
X 1999-CA-01281

Mallery, Corey v. Don Taylor, Executive Director of Department of Human Services; Walter Woods, Director of Youth Services; Nanolla Yazdani; Nita Jimerson, Head Nurse; Fred Lucas, Attending Nurse; and Cherry Warner, Nurse Hinds Circuit Court 2nd District; LC Case#: 9723; Ruling Date: 07/29/1999; Ruling Judge: L. Hilburn; Disposition: Motion of defendants-appellees to dismiss the appeal for lack of jurisdiction is denied. Pittman, C.J., McRae, P.J., Smith, Mills, Waller, Diaz and Easley, JJ., Concur. Cobb, J., dissents without separate written opinion.


EN BANC
1999-CA-01775-SCT

Tatum, David, Administrator of the Estate of D. Marshall Tatum, Deceased v. Amanda Barrentine a/k/a Amanda Lopez Attala Circuit Court; LC Case#: 980080; Ruling Date: 09/08/1999; Ruling Judge: C. Morgan, III; Disposition: Motion for Clarification filed by Amanda Barrentine in the nature of a request for correction of the mandate to include the assessment of the statutory penalty is granted. The mandate shall be corrected to read as follows: "Affirmed. Statutory penalty and interest awarded. Appellant taxed with costs of appeal." Any calculation thereof shall be had in the trial court. The appellant's motion for an enlargement of time in which to respond to the motion for clarification is dismissed as moot. Order entered.


EN BANC
2000-CA-00040-SCT

Young, Ronald P. v. North Mississippi Medical Center Lee Circuit Court; LC Case#: 97-137; Ruling Date: 12/28/1999; Ruling Judge: Thomas Gardner, III; Disposition: Appellant's motion for rehearing is denied. McRae, P.J., Diaz and Easley, JJ., would grant.


EN BANC
2000-CA-00781-SCT

Theobald, Robert P. and Karleen D. Theobald v. Rusty Nosser and Karen L. Nosser Warren Chancery Court; LC Case#: 97-146-GN; Ruling Date: 03/17/2000; Ruling Judge: Vicki Barnes; Disposition: Appellant's motion for rehearing is denied.


McRae, Chuck
2000-CP-01923-SCT

Hunter, Calvin v. State of Mississippi Neshoba Circuit Court; LC Case#: 00-CV-0100-NS; Ruling Date: 11/02/2000; Ruling Judge: V. Cotten; Disposition: Appellant's pro se motion for dismissal is granted. The appeal shall be dismissed upon entry of this order. Appellant taxed with costs of appeal. Order entered.