Mississippi Supreme Court

Hand Down Lists
June 06, 2002

06/06/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X 2000-CA-00977-SCT

Quinn, Esther Jones and Alonso Jones, Sole Heirs-at-Law of Andre Jones and on Behalf of All of His Wrongful Death Beneficiaries v. Estate of Lloyd Jones, Deceased; Doyle King, Successor in Office to Sheriff Lloyd Jones, Deceased; Simpson County, Mississippi; Walter Tucker, Individually and in His Official Capacity as Chief of Brandon, Mississippi, Police Department and The City of Br Simpson Circuit Court; LC Case #99-0183; Ruling:02/11/2000; Robert Evans; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Easley, JJ., Concur. McRae, P.J., and Diaz, J., Concur in Result Only. Graves, J., not participating.


Diaz, Oliver E.
XX 2000-CA-02101-SCT

Craft, Lorraine C. v. Jay Douglas Craft Lamar Chancery Court; LC Case #99-0081-D; Ruling:12/14/2000; Sebe Dale, Jr.; Majority Opinion: Diaz, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: McRae and Smith, P.JJ., Easley, Carlson and Graves, JJ., Concur. Cobb, J., Dissents With Separate Written Opinion Joined by Pittman, C.J., and Waller, J. Dissenting Opinion: Cobb, J. Votes: Pittman, C.J. and Waller, J., Join This Opinion.


Cobb, Kay B.
X 1999-KA-00411-SCT

Turner, Kelvin v. State of Mississippi Scott Circuit Court; LC Case #5009; Ruling: 02/15/1999; Marcus Gordon; Majority Opinion: Cobb, J. Disposition: Conviction of Aggravated Assault on a Law Officer and Sentence of Thirty (30) Years, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, without the Benefit of Parole, Suspension or Reduction of Sentence and Pay a Fine of Five Thousand Dollars (5,000.00), Affirmed. Scott County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Diaz, Easley, Carlson and Graves, JJ., Concur.


Cobb, Kay B.
X 2001-KA-00197-SCT

Morgan, Timothy v. State of Mississippi Madison Circuit Court; LC Case #2000-121; Ruling:11/15/2000; John Kitchens; Majority Opinion: Cobb, J. Disposition: Conviction of Armed Robbery and Sentence of Thirty (30) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant is given credit for time served. Madison County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.


Cobb, Kay B.
X 2001-CA-00250-SCT

Cowart, Danny v. Simpson County School Board Simpson Chancery Court; LC Case #98-0312; Ruling: 01/12/2001; J. Buffington; Majority Opinion: Cobb, J. Disposition: Vacated and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Diaz, Carlson and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. McRae, P.J., not participating.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On Court's own motion, Appendix IV, Forms for Court Reporters to the Mississippi Rules of Appellate Procedure is amended to substitute those forms set forth in Exhibit "A" to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Pittman, C.J., not participating. Order entered.


EN BANC
97-SA-01621-SCT

Mississippi Gaming Commission and The Mayor and Aldermen of the City of Vicksburg, Mississippi v. E. L. Pennebaker, Jr., and Horseshoe Gaming, Inc. Hinds Circuit Court 2nd District; LC Case #9640; Ruling:12/16/1997; L. Hilburn; Consolidated With 1998-SA-01077-SCT The Mayor and Aldermen of the City of Vicksburg, Mississippi, Mississippi Gaming Commission, Riverboat Corporation of Mississippi -- Vicksburg, Ameristar Casino Vicksburg, Inc., and Harrah's Casino v. E. L. Pennebaker, Jr., and Horseshoe Gaming, Inc.; Hinds Circuit Court 2nd District; LC Case #9640; Ruling:06/12/1998; L. Hilburn; Disposition: Motion to Dismiss, Motion to Strike and Motion for Sanctions filed by Horseshoe Gaming, Inc., is denied. Order entered.


EN BANC
XX 97-SA-01621-SCT

Mississippi Gaming Commission and The Mayor and Aldermen of the City of Vicksburg, Mississippi v. E. L. Pennebaker, Jr., and Horseshoe Gaming, Inc. Hinds Circuit Court 2nd District; LC Case #9640; Ruling:12/16/1997; L. Hilburn; Consolidated With 1998-SA-01077-SCT The Mayor and Aldermen of the City of Vicksburg, Mississippi, Mississippi Gaming Commission, Riverboat Corporation of Mississippi -- Vicksburg, Ameristar Casino Vicksburg, Inc., and Harrah's Casino v. E. L. Pennebaker, Jr., and Horseshoe Gaming, Inc.; Hinds Circuit Court 2nd District; LC Case #9640; Ruling: 06/12/1998; L. Hilburn; Majority Opinion: Cobb, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Waller, Easley and Carlson, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion joined by McRae and Smith, P.JJ. Graves, J., not participating. Dissenting Opinion: Diaz, J. Votes: McRae and Smith, P.JJ., Join This Opinion.


EN BANC
1998-SA-01077-SCT

The Mayor and Aldermen of the City of Vicksburg, Mississippi, Mississippi Gaming Commission, Riverboat Corporation of Mississippi -- Vicksburg, Ameristar Casino Vicksburg, Inc., and Harrah's Casino v. E. L. Pennebaker, Jr., and Horseshoe Gaming, Inc. Hinds Circuit Court 2nd District; LC Case #9640; Ruling:06/12/1998; L. Hilburn; Consolidated With 97-SA-01621-SCT Mississippi Gaming Commission and The Mayor and Aldermen of the City of Vicksburg, Mississippi v. E. L. Pennebaker, Jr., and Horseshoe Gaming, Inc.; Hinds Circuit Court 2nd District; LC Case #9640; Ruling:12/16/1997; L. Hilburn; Disposition: Motion to Dismiss, Motion to Strike and Motion for Sanctions filed by Horseshoe Gaming, Inc., is denied. Order entered.


EN BANC
1999-DR-00589-SCT

Brewer, Kennedy v. State of Mississippi Noxubee Circuit Court; LC Case #5999; Ruling: 03/25/1995; Lee Howard; Disposition: Motion for Bail Pending Application for Post-Conviction Relief filed by Kennedy Brewer is denied. Motion for Expedited Review of Petition for Post- Conviction Relief filed by Kennedy Brewer is denied. Order entered.


EN BANC
1999-DR-00589-SCT

Brewer, Kennedy v. State of Mississippi Noxubee Circuit Court; LC Case #5999; Ruling: 03/25/1995; Lee Howard; Disposition: Motion for rehearing filed by appellant is denied. Easley, J., not participating.


EN BANC
X 1999-DR-00589-SCT

Brewer, Kennedy v. State of Mississippi Noxubee Circuit Court; LC Case #5999; Ruling: 03/25/1995; Lee Howard; Majority Opinion: Graves, J. Disposition: Remanded for further proceedings consistent with the opinion of this Court. Noxubee County taxed with costs of appeal.Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz and Carlson, JJ., Concur. Easley, J., not participating.


EN BANC
1999-CA-00813-SCT

Parker, James E. Sr.; Beverly A. Parker; James E. Parker, Jr.; Janice R. Moreland Honeycutt; Debra A. Broxon; Doris O. Rogers; Gloria Van Axelson; Mona Rosa White; Parker Energy Resources, a Florida Corporation; and Parker Family Trust, James E. Parker, v. Dan Livingston; Melvin Burklow; Robert L. Burklow; Eddie R. Burklow; and James Wilson Jefferson Davis Chancery Court; LC Case #9131; Ruling:12/15/1998; J. Buffington; Disposition: Motion for rehearing filed by appellants is denied.


EN BANC
1999-CT-01857-SCT

Liberty Mutual Insurance Company v. James McKneely Warren Circuit Court; LC Case #96-0152; Ruling: 08/31/1999; Frank Vollor; Disposition: Petition for writ of certiorari filed by Liberty Mutual Insurance Company is granted. To Grant: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz and Carlson, JJ. To Deny: Easley and Graves, JJ. Order entered.


EN BANC
1999-CT-02042-SCT

Serton, Bobby v. Bettie Serton Lauderdale Chancery Court; LC Case #97-054S; Ruling:11/09/1999;Sarah Springer; Disposition: Petition for writ of certiorari filed by Bobby Serton is denied. To Deny: All Justices. Order entered.


EN BANC
1999-CT-02042-SCT

Serton, Bobby v. Bettie Serton Lauderdale Chancery Court; LC Case #97-054S;Ruling:11/09/1999; Sarah Springer; Disposition: Petition for writ of certiorari filed by Bettie Serton is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CA-00364-SCT

Wal-Mart Stores, Inc. v. Turner Frierson, Jr. and Pinkie Mae Frierson Sunflower Circuit Court; LC Case #98-0087; Ruling:01/18/2000; Gray Evans; Disposition: Motion to supplement reply brief filed by the appellees is granted. Order entered.


EN BANC
XXX 2000-CA-00364-SCT

Wal-Mart Stores, Inc. v. Turner Frierson, Jr. and Pinkie Mae Frierson Sunflower Circuit Court; LC Case #98-0087; Ruling: 01/18/2000; Gray Evans; Majority Opinion: Diaz, J. Disposition: Affirmed Appellant taxed with costs of appeal. Votes: McRae, P.J., Easley, Carlson and Graves, JJ., Concur. Smith, P.J., Dissents with Separate Written Opinion joined in part by Waller, J. Waller, J., Concurs in Part and Dissents in Part With Separate Written Opinion joined by Pittman, C.J.; Smith, P.J. Joins In Part. Cobb, J., not participating. Dissenting Opinion: Smith, P.J. Votes: Waller, J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Waller, J. Votes: Pittman, C.J., Joins This Opinion. Smith, P.J., Joins This Opinion in Part.


EN BANC
2000-CA-00549-SCT

Parkerson, Apryl L. v. Wayne Smith, Verda Pearl Smith, Town and Country Builders, Inc. d/b/a Town and Country Mobile Homes and Champion Home Builders Co., Inc. Neshoba Circuit Court; LC Case #99-CV-0135-NS; Ruling: 03/22/2000; V. Cotten; Disposition: Motion for rehearing filed by Wayne Smith, Verda Pearl Smith and Town & Country Builders d/b/a Town & Country Mobile Homes is denied. Pittman, C.J., Waller, Cobb and Carlson, JJ., would grant. Smith, P.J., not participating.


EN BANC
2000-CA-00549-SCT

Parkerson, Apryl L. v. Wayne Smith, Verda Pearl Smith, Town and Country Builders, Inc. d/b/a Town and Country Mobile Homes and Champion Home Builders Co., Inc. Neshoba Circuit Court; LC Case #99-CV-0135-NS; Ruling: 03/22/2000; V. Cotten; Disposition: Motion for rehearing filed by Champion Home Builders Co. is denied. Pittman, C.J., Waller, Cobb and Carlson, JJ., would grant. Smith, P.J., not participating.


EN BANC
XXX 2000-CA-00722-SCT

Farmer, Shelton W. v. B & G Food Enterprises, Inc. d/b/a Taco Bell #15326 and Clayton S. Brunson, Individually, as the natural father and for and on behalf of Clayton S. Brunson, II, a Minor Pearl River Circuit Court; LC Case #99-0179; Ruling: 03/24/2000; Michael Eubanks; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Easley and Carlson, JJ., Concur. Cobb, J., Concurs in Result Only. Graves, J., Concurs With Separate Written Opinion Joined by Diaz, J. McRae, P.J., Dissents With Separate Written Opinion. Concurring Opinion: Graves, J. Votes: Diaz, J., Joins This Opinion. Dissenting Opinion: McRae, P.J.


EN BANC
2000-CT-00835-SCT

Skates, Ray v. Jeffery Bryant and Sheree Bryant Adams Chancery Court; LC Case #97-609; Ruling: 02/11/2000; Percy Lynchard, Jr.; 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 consideration of the petition for writ of certiorari filed by Ray Skates is extended until July 25, 2002. A final decision on whether to grant or deny the petition shall be entered on or before July 25, 2002. Order entered.


EN BANC
2000-KA-01648-SCT

Webster, J .W. v. State of Mississippi Coahoma Circuit Court; LC Case #9094; Ruling:07/27/2000; Kenneth Thomas; Disposition: Motion for rehearing filed by appellant is denied.


EN BANC
2000-KA-01831-SCT

Poole, Robert Jr. a/k/a Robert Reed, Jr. v. State of Mississippi Tallahatchie Circuit Court 1st District; LC Case #CR99-50-B-T1; Ruling:10/18/2000; Andrew Baker; Disposition: Motion for rehearing filed by appellant is denied. Carlson, J., not participating.


EN BANC
2001-IA-00105-SCT

Williamson, Edward A. and Michael J. Miller, In Re: Leflore Circuit Court; LC Case #20-0042CI; Ruling:09/12/2000; W. Hines; Consolidated With 2001-CA-00578-SCT In Re: Edward A. Williamson and Michael J. Miller; Leflore Circuit Court; LC Case #20-0042CI; Ruling:12/06/2000; W. Hines; Disposition: On Court's own motion and within 40 days following the entry of this order, The Mississippi Bar shall file with the Clerk of this Court a brief addressing the issue set out in this order. Within such time, the Mississippi Trial Lawyers Association, the Magnolia Bar, the Mississippi Defense Lawyers Association, the Mississippi Prosecutors Association, the Mississippi Public Defenders Association and any other interested parties may, if they so choose, file briefs on the issue. Such briefs shall be served on the parties to the proceedings. The parties to these proceedings shall, within 10 days following entry of this order, forward copies of their briefs and record excerpts to the organizations named above. The full record in this appeal shall be made available to such organizations through the office of the Clerk of the Court upon request. The parties to these proceedings may no later than 20 days following the filing of briefs by those named above, file responses thereto. McRae, P.J., not participating. Order entered.


EN BANC
2001-KA-00159-SCT

Jefferson, Fitzgerald v. State of Mississippi Marion Circuit Court; LC Case #K00-077P; Ruling:12/12/2000; R. Prichard, III; Disposition: Motion for rehearing filed by appellant is denied.


EN BANC
2001-CC-00489-SCT

Mississippi Bureau of Narcotics v. Delaine Stacy Alcorn Circuit Court; LC Case #99-044GA; Ruling: 02/19/2001; Thomas Gardner, III; Disposition: Motion for rehearing filed by appellee is denied. Easley and Graves, JJ., would grant.