Mississippi Supreme Court

Hand Down Lists
May 27, 1999

05/27/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Sullivan, Michael
93-BD-01256-SCT

Mississippi Bar, The v. Sandra D. Sewell LC Case#: 931256; Disposition: The Mississippi Bar's Motion for Reconsideration and Entry of an Order of Disbarment, granted. Sandra D. Sewell is hereby disbarred from the practice of law. Costs are taxed to Sandra D. Sewell. Order of Disbarment entered.


EN BANC
96-KA-01150-SCT

Robinson, Jeremiah Oatis v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 951148; Ruling Date: 09/25/1996; Ruling Judge: L. Hilburn, Jr.; Disposition: Motion for rehearing, denied. Smith, Mills and Cobb, JJ., would grant.


EN BANC
94-CA-00099

Mississippi State Conference of NAACP Branches, et al. v. Kirk Fordice, in his capacity as Governor of the State of Mississippi; The State of Mississippi; and Mississippi Division of the United Sons of Confederate Veterans Hinds Chancery Court 1st District; LC Case#: 151997; Ruling Date: 11/15/1993; Ruling Judge: W. Dillard; 94-CA-00615 Mississippi Division of the United Sons of Confederate Veterans v. Mississippi State Conference of NAACP Branches, et al.; Hinds Chancery Court 1st District; LC Case#: 151997; Ruling Date: 05/27/1994; Ruling Judge: W. Dillard; 96-CA-01167 Mississippi State Conference of NAACP Branches, et al. V. Kirk Fordice, in his capacity as Governor of the State of Mississippi; The State of Mississippi; and Mississippi Division of the United Sons of Confederate Veterans; Hinds Chancery Court 1st District; LC Case#: 151997; Ruling Date: 09/24/1996; Ruling Judge: William Singletary; Disposition: Petition for Rehearing En Banc filed by the Mississippi State Conference of NAACP Branches and other appellees, granted; the Court's Order of February 4, 1998 striking the brief of the appellees, vacated; and, such brief is reinstated. The cross-appeal of appellees shall go forward. Within fourteen days following entry of this order, appellees shall provide the Court with a new original and new copies of the Combined Brief for Appellee/Cross-Appellant filed on December 18, 1997. Briefing shall continue with the Reply Brief of the Mississippi Division of the United Sons of Confederate Veterans and other appellants which is due fourteen days following filing the new original and copies of the Combined Brief for Appellee/Cross-Appellant, and the Reply Brief of the Mississippi State Conference of NAACP Branches and other appellees shall be due fourteen days following filing of the Appellants' Reply Brief. Banks and Waller, JJ., not participating. Order entered.


EN BANC
XX 96-CA-01384-SCT

Churchill, Jr., Kenneth Ray v. Pearl River Basin Development District and Pike County, Mississippi Pike Circuit Court; LC Case#: 4553; Ruling Date: 07/02/1996; Ruling Judge: Keith Starrett; Majority Opinion: Waller, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Concur. Cobb, J., Not Participating. Dissenting Opinion: Prather, C.J. Votes: Smith, J., Mills, J., Join.


EN BANC
93-CT-01330-SCT

Bullock, Cecilia Reese v. Robert Earl "Bob" Bullock and Bullock Construction Company Hinds Chancery Court 1st District; LC Case#: 146094D2; Ruling Date: 09/22/1993; Ruling Judge: W. Dillard; 97-CT-00062- SCT Robert E. Bullock v. Cecilia R. Bullock; Hinds Chancery Court 1st District; LC Case#: 146094; Ruling Date: 12/13/1996;Ruling Judge: Denise Owens; Disposition: Petition for Writ of Certiorari filed by Robert E. Bullock, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Smith, Mills and Cobb, JJ. To Grant: McRae and Waller, JJ. Order entered.


EN BANC
97-CT-00150-SCT

Baites, Reba v. State Farm Mutual Automobile Insurance Company DeSoto Circuit Court; LC Case#: CV95300; Ruling Date: 12/30/1996; Ruling Judge: George Ready; Disposition: Petition for Writ of Certiorari filed by Reba Baites, denied. To Deny: Prather, C.J., Sullivan and Pittman,P.JJ., Banks, Smith, Mills, Waller and Cobb, JJ. To Grant: McRae, J. Order entered.


EN BANC
XX 97-DP-00763-SCT

Walker, Linnox Marcus v. State of Mississippi Marshall Circuit Court; LC Case#: MK96090; Ruling Date: 05/23/1997; Ruling Judge: R. Coleman; Majority Opinion: Banks, J. Disposition: Reversed and Remanded. Marshall County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., McRae, J., Concur. Smith, J., Cobb, J., Not Participating. Specially Concurring Opinion: Mills, J. Votes: Pittman, P.J., Waller, J., Join.


EN BANC
97-M-01326

Ellis, Stanley Ray v. State of Mississippi Rankin Circuit Court; LC Case#: 3087; Ruling Date: 09/20/1991; Ruling Judge: Robert Goza, Jr.; Disposition: Ellis' Petition for Rehearing and the Response to Petition for Rehearing filed by the State, in which Ellis seeks reconsideration of this Court's Order entered October 19, 1998 which denied his Motion for Leave to Proceed in Trial Court, for Relief in this Court, granted. Ellis is granted leave to proceed for post-conviction relief in the Circuit Court of Rankin County upon the single issue of whether DNA testing of the preserved physical evidence will prove his innocence. Ellis' ineffective assistance of counsel, based on his trial attorney's failure to seek DNA analysis at trial, is without merit and is therefore denied. The Circuit Court of Rankin County shall provide access to and chain-of-custody delivery of the physical evidence in this case to a reputable and competent laboratory of Ellis' choice at Ellis' expense, and under such directions as the circuit court may impose, consistent with this order. Ellis shall safely return such evidence to the Circuit Court Clerk of Rankin County within forty-five days unless the circuit court shall for good cause extend that period. Waller, J., would deny. Smith and Cobb, JJ., not participating. Order entered.


EN BANC
1998-CP-01295-SCT

Wilson, Jr., Earl v. State of Mississippi Panola Circuit Court 2nd District; LC Case#: CV980089; Ruling Date: 08/13/1998; Ruling Judge: George Carlson, Jr.; Disposition: Motion for rehearing, denied.