Mississippi Supreme Court

Hand Down Lists
June 08, 2000

06/08/2000 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L., Jr.
X 1999-CA-00880-SCT

Pride Oil Company, Inc., a Delaware Corporation v. Tommy Brooks Oil Company, a Mississippi Corporation, Tommy Brooks, Individually and Omni Bank of Mantee Oktibbeha Circuit Court; LC Case#: 17877; Ruling Date: 05/05/1999; Ruling Judge: John Montgomery; Majority Opinion: Waller, J. Disposition: Affirmed. Statutory penalties and interest are awarded. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., Smith, J., Cobb, J., Diaz, J., Concur. McRae, J., Concurs in result only. Mills, J., Not Participating.


Mills, Michael P.
X 98-KA-00600-SCT

Farris, Ike a/k/a Isaac Naser Farris a/k/a "Ike" v. State of Mississippi Forrest Circuit Court; LC Case#: 19455; Ruling Date: 03/20/1998; Ruling Judge: William Coleman; Majority Opinion: Mills, J. Disposition: Conviction of conspiracy and sentence of five years in the custody of the Mississippi Department of Corrections with two years suspended on two years unsupervised probation under the terms and conditions set forth in Section 47-7-35, Mississippi Code of 1972, as Amended, and three years to serve, pay a fine of $5,000 and all court costs, and disbarment from the further practice of law in the State of Mississippi as set forth in Section 73-3-41 of the Mississippi Code of 1972, as Amended, affirmed. Forrest County taxed with costs of appeal. Votes: Prather, C.J., Banks, P.J., McRae, J., Smith, J., Waller, J., Cobb, J., Diaz, J., Concur. Pittman, P.J., Not Participating. Disposition: Appellant's motion to strike, denied. Order entered.


Mills, Michael P.
1999-CA-00400-SCT

S.C.C., A MINOR CHILD, IN THE INTEREST OF: S.C.C. v. Department of Human Services, Division of Youth Services Kemper Youth Court; LC Case#: 980015; Ruling Date: 12/08/1998; Ruling Judge: Edward Prisock; Majority Opinion: Mills, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., McRae, J., Smith, J., Waller, J., Cobb, J., Diaz, J., Concur.


McRae, Chuck
X 1998-IA-01719-SCT

Colson, Richard, M.D. v. Robert Johnson, Administrator of the Estate of Melissa Johnson, Deceased, Robert Johnson, Individually, and on Behalf of the Wrongful Death Beneficiaries of Melissa Johnson, William David Hemingway, Natural Father of Shane David Johnson, Deceased Harrison Circuit Court 1st District; LC Case#: 9600005; Ruling Date: 11/16/1998; Ruling Judge: John Whitfield; Majority Opinion: McRae, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., Smith, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur.


EN BANC
X 96-CA-00958-SCT

Jenkins, J. Marty, Carlo M. Santangelo and First Bank v. CST Timber Company, J. Alan Priest and Renee Bickham Priest AND CST Timber Company, J. Alan Priest and Renee Bickham Priest v. J. Marty Jenkins, Carlo M. Santangelo and First Bank Amite Circuit Court; LC Case#: 940076; Ruling Date: 07/02/1996; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: McRae, J. Disposition: On direct appeal: affirmed in part; reversed and remanded in part. On cross appeal: affirmed in part; reversed and remanded in part. Appellant and Appellee taxed with costs of appeal. Votes: Pittman, P.J., Banks, P.J., Smith, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. Prather, C.J., Concurs in result only.


EN BANC
97-KA-01343-SCT

Jones, Mathew v. State of Mississippi Lincoln Circuit Court; LC Case#: 12319; Ruling Date: 10/16/1997; Ruling Judge: Mike Smith; Disposition: Appellant's motion for rehearing, denied.


EN BANC
98-CT-00531-SCT

CARNEY, CLARICE TEMPLE, DECEASED, IN THE MATTER OF THE LAST WILL AND TESTAMENT OF: Darnell C. Adams v. P. Temple Carney, A. P. Carney, III, John Lack Carney, Jessica Carney and Dawn Carney Lauderdale Chancery Court; LC Case#: 95579; Ruling Date: 03/02/1998; Ruling Judge: Sarah Springer; Disposition: Motion for Rehearing, denied. Prather, C.J., Smith and Diaz, JJ., not participating.


EN BANC
XX 1998-CT-01195-SCT

Broadway, Melissa and Jerry Broadway v. Kelley Brothers Contractors, Inc. Clarke Circuit Court; LC Case#: 970004; Ruling Date: 05/22/1998; Ruling Judge: Robert Bailey; Majority Opinion: Mills, J. Disposition: Reversed and Remanded. Kelley Brothers Contractors, Inc., taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., McRae, J., Waller, J., Concur. Diaz, J., Not Participating. Dissenting Opinion: Smith, J. Votes: Cobb, J., Joins.


EN BANC
1998-CA-01245-SCT

State Farm Mutual Automobile Insurance Company v. Perry McGee, Robert Jacob McGee, a Minor, By and Through his Father and Natural Guardian, Harlon McGee and Harlon McGee, Individually Attala Circuit Court; LC Case#: 970038; Ruling Date: 07/13/1998; Ruling Judge: C. Morgan, III; Disposition: Appellant's motion for rehearing, denied. Prather, C.J., Smith, Mills and Cobb, JJ., would grant.


EN BANC
XXX 1998-KA-01416-SCT

Lewis, Joseph Samuel v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: B24019700586; Ruling Date: 05/19/1998; Ruling Judge: Kosta Vlahos; Majority Opinion: Waller, J. Disposition: Conviction of five counts of selling or transferring, at a time when he was over twenty-one (21) years of age and during a twelve (12) consecutive month period, two (2) ounces or more of cocaine or a mixture containing cocaine as described in Miss. Code Ann. Section 41-29-105(s), a Schedule II controlled substance; and sentenced as an habitual offender to life imprisonment in the custody of the Mississippi Department of Corrections, said sentence not to be reduced or suspended, and without possibility of probation or parole, affirmed. Harrison County taxed with costs of appeal. Votes: Smith, J., Mills, J., Cobb, J., Diaz, J., Concur. Dissenting Opinion: Banks, P.J. Votes: Prather, C.J., Pittman, P.J., McRae, J., Join. Dissenting Opinion: McRae, J.


EN BANC
XX 1999-JP-00779-SCT

Mississippi Commission on Judicial Performance v. Kevin B. Bishop Judicial Performance Commission; LC Case#: 96237; Ruling Date: 04/27/1999; Ruling Judge: Amy Whitten; Majority Opinion: Prather, C.J. Disposition: The ruling of the Mississippi Commission on Judicial Performance is affirmed in part and reversed in part. Justice Court Judge Kevin Bishop is hereby suspended from office for ninety days and assessed a fine in the amount of $1,500.00 as well as costs in the amount of $1931.46. Judge Kevin B. Bishop taxed with costs of appeal. Votes: Pittman, P.J., Banks, P.J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. Smith, J., Not Participating. Dissenting Opinion: McRae, J.


EN BANC
1999-M-01060

Bogalusa Chemical Release, In Re: Hinds Circuit Court 1st District; LC Case#: 251-96-493; Ruling Judge: James Graves, Jr.; Disposition: Motion for Rehearing on Petition for Interlocutory Appeal by Permission filed by Petitioners, granted. Petitioners shall proceed under M.R.A.P. 3, 4, 10 and 11. Pittman, P.J., Smith, Mills and Cobb, JJ., would deny. Order entered.


EN BANC
X 1999-JP-01569-SCT

Mississippi Commission on Judicial Performance v. A.L. (Bud) Brown Judicial Performance Commission; LC Case#: 98294; Ruling Date: 09/15/1999; Ruling Judge: Amy Whitten; Majority Opinion: McRae, J. Disposition: A.L. (Bud) Brown, a Justice Court Judge in Winston County, shall be publicly reprimanded, fined $500, and assessed with total costs of $407.75 to be paid within thirty (30) days. Judge A. L. (Bud) Brown taxed with costs of this appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. Smith, J., Not Participating.