Mississippi Supreme Court

Hand Down Lists
June 05, 1997

06/05/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
XX 93-CA-01288-SCT

Cole, Sr., Samuel; IN RE: THE EXCLUSION OF CERTAIN TERRITORY FROM THE CITY OF JACKSON, MISSISSIPPI: Lucile B. Austin; Kenneth W. Barnes; Rev. Lepoleian Barnes; Pearley C. Barnes; Reginald L. Blunt; Annie Cole; Caroline Cox; Fletcher Cox; et al. v. City of Jackson, Mississippi Appeal No. 31448 from Judgment dated OCTOBER 29, 1993, Madison County Chancery Court; Reversed and Rendered in Part; Reversed and Remanded in Part for proceedings consistent with the Opinion of this Court. Prather, P.J., Dissents with Separate Written Opinion joined by Banks, J. Appellee is taxed with all costs of this appeal.


James W. Smith, J.
X 95-CA-00632-SCT

Thompson, Mary: IN THE MATTER OF THE ESTATE OF DR. IVAN LEE PEACOCKE, DECEASED v. Nancille Yvonne Waters Peacocke Appeal No. 15259 from Judgment dated MAY 12, 1995, Lamar County Chancery Court; Reversed and Rendered. Appellee is taxed with all costs of this appeal.


James W. Smith, J.
X 96-KP-00021-SCT

Drennan, Martin Monroe v. State of Mississippi Appeal No. 17872 from Judgment dated NOVEMBER 28, 1995, Forrest County Circuit Court; Denial of Post-Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Pittman, J., Not Participating. Forrest County is taxed with all costs of this appeal.


James L. Roberts Jr., J.
U 95-KP-01291-SCT

Davis, Rodney M. v. State of Mississippi Appeal No. PC32 from Judgment dated SEPTEMBER 11, 1995, Lamar County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Lamar County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 95-KP-00346-SCT

Cook, Troy a/k/a Troy E. Cook v. State of Mississippi Appeal No. UK92018 from Judgment dated MARCH 12, 1995, Union County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Union County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 95-KP-00592-SCT

Ashby, Henry a/k/a Henry Frankie Ashby v. State of Mississippi Appeal No. CV92013 from Judgment dated JANUARY 24, 1995, Itawamba County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Itawamba County is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
UU 96-CA-00128-SCT

Thornton, Fay and Adolphus R. Thornton v. Donna Rushing Thornton (Wells) Appeal No. 940672 from Judgment dated JANUARY 17, 1996, Pike County Chancery Court; On Direct Appeal: Judgment Affirmed. On Cross Appeal: Judgment Affirmed. McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J. Appellants are taxed with all costs of this appeal.


EN BANC
XX 93-KA-00620-SCT

Brooks, Bob v. State of Mississippi Appeal No. 12511 from Judgment dated APRIL 27, 1993, Oktibbeha County Circuit Court; Conviction of burglary of a building as an habitual offender and Sentence of seven years in the custody of the Mississippi Department of Corrections Affirmed. Banks, J., Lee, C.J., Prather, P.J., Pittman, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Oktibbeha County is taxed with all costs of this appeal. DISPOSITION - Appellant's Petition for Writ of Mandamus and/or Prohibition dismissed as moot. Order entered. DISPOSITION - Appellant's Motion to Expedite Appeal dismissed as moot. Order entered. DISPOSITION - Petition for Trial Transcript filed by Bob Brooks pro se denied. Order entered.


EN BANC
93-CC-01226-SCT

Dorris, Linzie v. Mississippi Regional Housing Authority and Liberty Mutual Insurance Company Appeal No. 3046 from Judgment dated OCTOBER 07, 1993, Leake County Circuit Court; DISPOSITION - Motion for Rehearing denied. Banks, Roberts, Smith and Mills, JJ., would grant. grant.


EN BANC
X 94-CT-00163-SCT

Richardson, Jeffrey, IN THE MATTER OF THE ESTATE OF: Darlene Jones, Mary Gillespie and Browyn Young v. Estate of Jeffrey Richardson Appeal No. P3423 from Judgment dated MARCH 05, 1993, Jackson County Chancery Court; Reversed and Remanded. Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Not Participating. Appellants, Darlene Jones, Mary Gillespie and Browyn Young, are taxed with all costs of this appeal.


EN BANC
94-KA-00402-SCT

De La Beckwith, VI, Byron v. State of Mississippi Appeal No. 903495 from Judgment dated FEBRUARY 05, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion to Strike and for Injunctive Relief granted. All matters filed in this proceeding by W. O. "Chet" Dillard are stricken pursuant to Rule 21(e) of the Mississippi Rules of Appellate Procedure; and Attorney W. O. "Chet" Dillard is hereby enjoined from filing any additional pleadings or papers in this cause until such time as he is lawfully substituted of record as counsel for the defendant. Prather, P.J., Banks and McRae, JJ., Not Participating. Order entered.


EN BANC
94-CT-00959-SCT

Davis, Eleke v. State of Mississippi Appeal No. 8438 from Judgment dated SEPTEMBER 08, 1994, Coahoma County Circuit Court; CONSOLIDATED WITH: 95-CT-00597-SCT Eleke Davis v. State of Mississippi; Appeal No. 8438 from Judgment dated MAY 11, 1995, Coahoma County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Eleke Davis denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts, Smith and Mills, JJ. To Grant: Banks and McRae, JJ. Order entered.


EN BANC
95-CT-00597-SCT

Davis, Eleke v. State of Mississippi Appeal No. 8438 from Judgment dated MAY 11, 1995, Coahoma County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Eleke Davis denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts, Smith and Mills, JJ. To Grant: Banks and McRae, JJ. Order entered. CONSOLIDATED WITH: 94-CT-00959-SCT Eleke Davis v. State of Mississippi; Appeal No. 8438 from Judgment dated SEPTEMBER 08, 1994, Coahoma County Circuit Court.


EN BANC
X 94-CT-01124-SCT

Jones, Jimmy Davis and wife, Fay Madison Jones v. Westinghouse Electric Corporation Appeal No. 927430 from Judgment dated SEPTEMBER 13, 1994, Hinds County Circuit Court, First Judicial District; Reversed and Remanded. Roberts, J., Prather and Sullivan, P.JJ., Pittman, McRae, Smith and Mills, JJ., Concur. Lee, C.J., Concurs in Result only. Banks, J., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
95-KA-00048-SCT

Osborn, John K. a/k/a John Kenny Osborn v. State of Mississippi Appeal No. CR9122 from Judgment dated DECEMBER 20, 1994, Panola County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied.


EN BANC
95-CT-00422-SCT

Robinson. Samantha v. Rankin County Appeal No. 16879 from Judgment dated JANUARY 24, 1995, Rankin County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Samantha Robinson denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts and Mills, JJ. Not Participating: Smith, J. Order entered.


EN BANC
96-M-01284-SCT

Henry Clark v. Luvel Dairy Products, Inc. and James H. Briscoe Appeal No. 25196384CIV Hinds County Circuit Court First Judicial District; DISPOSITION - Petition for interlocutory appeal filed by Clark granted. To Grant: Prather and Sullivan, P.JJ., Pittman, Banks, McRae and Roberts, JJ. To Deny: Lee, C.J., Smith and Mills, JJ. Order entered.