Mississippi Supreme Court

Hand Down Lists
June 06, 1996

06/06/1996 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
93-KP-01175-SCT

Cowart, Llewyn J. v. State of Mississippi Appeal No. 933633 from Judgment dated OCTOBER 02, 1993, Sunflower County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Lower Court's denial of Post Conviction Relief Affirmed. Sunflower County is taxed with all costs of this appeal.


James W. Smith, J.
94-KP-00943-SCT

Brown, Michael v. State of Mississippi Appeal No. 94209 from Judgment dated AUGUST 29, 1994, Lee County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Lower Court's denial of Post Conviction Relief Affirmed. Lee County is taxed with all costs of this appeal.


James W. Smith, J.
94-KP-00981-SCT

Horton, Jr., Bobby Daniel v. State of Mississippi Appeal No. 4975 from Judgment dated JANUARY 08, 1992, DeSoto County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Lower Court's Denial of Post Conviction Relief Affirmed. DeSoto County is taxed with all costs of this appeal.


James W. Smith, J.
94-KP-01245-SCT

Brown, Frank v. State of Mississippi Appeal No. 94CV152 from Judgment dated NOVEMBER 21, 1994, Lauderdale County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Lower Court's denial of Post Conviction Relief Affirmed. Lauderdale County is taxed with all costs of this appeal.


Chuck McRae, J.
93-CA-01255-SCT

McCoy, Kenneth W. v. Lillye Duncan (Paseur) McCoy, Joe Nathan McCoy and Richard D. McCoy Appeal No. 92417 from Judgment dated OCTOBER 05, 1993, Tippah County Chancery Court; Before Sullivan, P.J., McRae and Mills, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Fred L. Banks, J.
93-CA-00942-SCT

Hudson, Norman Haney v. Randy Jones and Terry Ashley Appeal No. 37903 from Judgment dated JULY 16, 1993, Hinds County Circuit Court, First Judicial District; Before Prather, P.J., Banks and Smith, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellees' Motion to Strike Improperly Submitted Exhibits granted. Order entered.


Edwin Lloyd Pittman, J.
X 93-CA-00540-SCT

Cartwright, Dianne v. Deposit Guaranty National Bank Appeal No. 21960 from Judgment dated MAY 07, 1993, Harrison County Circuit Court, First Judicial District; Judgment is Affirmed. Lee, C.J., and Prather, P.J., Not Participating. Appellant is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 93-CA-00621-SCT

Nichols, Milton, Perry Bowland, T. D. Doddridge, George Gillespie, and Gene Phillips v. Steve Patterson, In His Official Capacity as Auditor for the State of Mississippi Appeal No. 9066242 from Judgment dated APRIL 04, 1993, Hinds County Circuit Court, First Judicial District; Judgment is Affirmed. Pittman, J., Not Participating. Appellant is taxed with all costs of this appeal.


EN BANC
XX 91-KA-01243-SCT

Sanders, Mervin v. State of Mississippi Appeal No. 13732 from Judgment dated NOVEMBER 06, 1991, Pike County Circuit Court; Conviction of unlawful possession of cocaine with intent to deliver and Sentence of thirty (30) years, as an habitual offender, in the custody of the Mississippi Department of Corrections and Payment of a fine of $30,000.00 Affirmed. Pittman, J., Lee, C.J., Prather, P.J., Banks, Roberts and Smith, JJ., Concur. Mills, J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Pike County is taxed with all costs of this appeal. DISPOSITION - Appellant's pro se Motion Modification [sic] of the Record denied. Order entered.


EN BANC
XXX 92-CA-00152-SCT

Mohundro, William C. and Mary Mohundro v. Alcorn County, Mississippi; Carl Lamar Fields, Travis L. Little, Ely Barber Mitchell, Willard H. Crum, and Danny Wayne Dixon, Individually, and in their Official Capacities as the Board of Supervisors of Alcorn County, Mississippi; Fidelity and Deposit Co Appeal No. 90433FA from Judgment dated JANUARY 29, 1992, Alcorn County Circuit Court; DISPOSITION - Petitions for Rehearing denied. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed in Part; Reversed and Remanded for proceedings consistent with the opinion of this Court. Roberts, J., Prather, P.J., Pittman, Smith and Mills, JJ., Concur. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J.; McRae, J., Dissents with Separate Written Opinion. Lee, C.J., Not Participating. DISPOSITION - Appellants' Motion for Clarification of Opinion granted. Order entered.


EN BANC
XX 93-IA-00125-SCT

Lamar Corporation, The, A Louisiana Corporation, Successor to Lamar Advertising of Jackson, Inc., and Lamar Outdoor Advertising, Inc., Lessee v. State Highway Commission of Mississippi Appeal No. 44848 from Judgment dated JANUARY 29, 1993, Hinds County Special Court of Eminent Domain, Reversed and Remanded. Banks, J., Lee, C.J., McRae, Roberts and Mills, JJ., Concur. Prather, P.J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Pittman, J.; Smith, J., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
93-KA-00196-SCT

Jenkins, David a/k/a Heavy-D v. State of Mississippi Appeal No. 15800 from Judgment dated JANUARY 14, 1993, Forrest County Circuit Court; DISPOSITION - Petition for Rehearing denied. Pittman and Mills, JJ., Not Participating.


EN BANC
93-DP-00418-SCT

Russell, Willie v. State of Mississippi Appeal No. 10130 from Judgment dated MARCH 04, 1993, Sunflower County Circuit Court; DISPOSITION - On Court's own motion July 17, 1996, is hereby set as the date for execution of the appellant in the manner provided by law. Order entered.


EN BANC
93-DP-00534-SCT

Blue, David v. State of Mississippi Appeal No. 22123 from Judgment dated APRIL 02, 1993, LeFlore County Circuit Court; DISPOSITION - Petition for Rehearing denied. Sullivan, P.J., Banks and McRae, JJ., would grant. Pittman, J., Not Participating.


EN BANC
93-CT-00875-SCT

Dykes, Tina H. a/k/a Tina Grau, for and on Behalf of All Wrongful Death Beneficiaries of Willis Gerald Dykes, Deceased, and for the Estate of Willis Gerald Dykes v. Jackson Gas & Oil, Inc. Appeal No. 9167496 from Judgment dated JUNE 24, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Jackson Gas & Oil, Inc. denied. To Deny: Prather and Sullivan, P.JJ., Banks, McRae, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J., and Pittman, J. 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 - Petition for Writ of Certiorari filed by Paul Joseph Warnock a/k/a "Jody" denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Order entered.


EN BANC
94-CT-00092-SCT

Pinkham, Elizabeth Jeanette and John Larry Pinkham v. James Reeves Contractor, Inc. Appeal No. 92CV005R from Judgment dated NOVEMBER 18, 1993, Lauderdale County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Elizabeth J. Pinkham denied. To Deny: Lee, C.J., Prather, P.J., Roberts, Smith and Mills, JJ. To Grant: Sullivan, P.J., Banks and McRae, JJ. Pittman, J., Not Participating. Order entered.


EN BANC
94-CA-00192-SCT

Rea, Jimmy and Sammie C. Rea v. The Breakers Association, Inc. Appeal No. 032259 from Judgment dated JANUARY 31, 1994, Madison County Chancery Court; DISPOSITION - Petition for Rehearing denied.


EN BANC
94-CT-00257-SCT

APAC Mississippi, Inc. v. William Curtis James, Sr. and Arelenara James Appeal No. 916911 from Judgment dated FEBRUARY 14, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by William Curtis James, Sr. and Arelenara James denied. To Deny: Lee, C.J., Prather, P.J., Pittman, Roberts, Smith and Mills, JJ. To Grant: Sullivan, P.J., Banks and McRae, JJ. Order entered.


EN BANC
94-CT-01240-SCT

Cundiff, J. Stuart and American Republic Life Insurance Company v. Norma Tallant Cain, Administratrix of the Estate of Scotty S. Tallant, DeceasedJ. Stuart Cundiff and American Republic Life Insurance Company v. Norma Tallant Cain, Administratrix of the Estate of Scotty S. Tallant, Deceased Appeal No. 91285 from Judgment dated NOVEMBER 23, 1994, Lafayette County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Norma Tallant Cain, Administratrix of the Estate of Scotty S. Tallant, Deceased granted. To Grant: McRae, Roberts, Smith and Mills, JJ. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman and Banks, JJ. Order entered.


EN BANC
95-CT-00226-SCT

JEFFERSON, IN RE: THE ESTATE OF LAWRENCE THOMAS: Sam Parker and Paul Wagner v. Jessie W. Jefferson, Administrator of the Estate of Lawrence Thomas Jefferson Appeal No. 9695 from Judgment dated FEBRUARY 03, 1995, Wilkinson County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Jessie W. Jefferson, Administrator of the Estate of Lawrence Thomas Jefferson, denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J., and McRae, J. Order entered.


EN BANC
96-M -00115-

In Re: Corr-Williams Tobacco Company, Laurel Cigar & Tobacco Company, Long Wholesale, Incorporated, Wigley & Culp, Inc. of Gulfport, Mississippi, The Lewis Bear Company, Generic Products Corporation, The American Tobacco Company, R. J. Reynolds Tobacco C Appeal No. 941429 Jackson County Chancery Court; DISPOSITION - On Court's own motion and in accordance with M.R.A.P. 21(d), Mike Moore shall within fourteen days of entry of this order, file a response to the Petition for Writ of Prohibition and/or Mandamus. Petitioners shall then have fourteen days within which to file a rebuttal to the response. In accordance with M.R.A.P. 21(f), ten copies shall be filed with the original response and rebuttal. Sullivan, P.J., and McRae, J., dissent. Order entered. DISPOSITION - Petitioners' Motion for Leave to Supplement Petition for Writ of Prohibition and/or Mandamus granted. Sullivan, P.J., and McRae, J., would deny. Order entered.