Mississippi Supreme Court

Hand Down Lists
June 12, 1997

06/12/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James L. Roberts Jr., J.
XXX 93-KA-01164-SCT

Christmas, Buford Keith v. State of Mississippi Appeal No. 7594 from Judgment dated MARCH 15, 1993, Hancock County Circuit Court; Conviction of touching a child for lustful purposes and Sentence of six (6) years in the custody of the Mississippi Department of Corrections Affirmed. Dan Lee, C.J., Dissents with Separate Written Opinion joined by Sullivan, P.J. McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J., and Sullivan, P.J. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
X 94-CA-00795-SCT

Dunn, Michael Hosea v. Danne Carole Dunn Appeal No. 56818 from Judgment dated JULY 08, 1994, Jackson County Chancery Court; Judgment Affirmed. Lee, C.J., Concurs in result only. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
U 95-KP-00717-SCT

Sims, Johnny Ray v. State of Mississippi Appeal No. PC15 from Judgment dated JUNE 28, 1995, Jefferson Davis Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Jefferson Davis County is taxed with all costs of this appeal.


Chuck McRae, J.
U 95-CC-00999-SCT

Webster, Jhynervitcz v. Shoney's, Inc., Self-Insured Appeal No. 950023 from Judgment dated MAY 19, 1995, Madison County Circuit Court; Judgment Affirmed. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
U 95-KP-01304-SCT

Moore, R. D. v. State of Mississippi Appeal No. 950149 from Judgment dated NOVEMBER 30, 1995, Sunflower County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Sunflower County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 95-KP-01184-SCT

Martin, John a/k/a John T. Martin v. State of Mississippi Appeal No. 7283 from Judgment dated AUGUST 07, 1995, Adams County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Adams County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 95-KA-01209-SCT

Stovall, Robert S. a/k/a Robert Sidney Stovall v. State of Mississippi Appeal No. 950037 from Judgment dated OCTOBER 23, 1995, Choctaw County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
X 96-CA-00184-SCT

Madison County, Mississippi, Acting By and Through the Madison County Board of Supervisors and Madison County Tax Assessor's Office v. Martha K. Lenoir Appeal No. 3949 from Judgment dated JANUARY 16, 1996, Madison County Circuit Court; Judgment Affirmed. Banks, J., Not Participating. Appellant is taxed with all costs of this appeal.


EN BANC
89-R-99001-SCT

In Re: Mississippi Rules of Civil Procedure in All Chancery, Circuit andCounty Courts of the State DISPOSITION - On Court's own motion Rule 43(f) of the Mississippi Rules of Civil Procedure is amended as set out in Exhibit "A" attached to this order. Order entered.


EN BANC
89-R-99002-SCT

In Re: Mississippi Rules of Evidence DISPOSITION - Petition for the Amendment of Certain Provisions of the Mississippi Rules of Evidence filed by Entergy Operations, Inc., denied, but without prejudice to a later request for similar relief. Order entered.


EN BANC
89-R-99026-SCT

In Re: Authorization of Court Annexed Mediation in Chancery, Circuit and County Courts DISPOSITION - On Court's own motion the Pilot Mediation Program is extended through December 31, 1998, to all circuit, chancery and county courts which are now participating in the program. Effective upon entry of this Order, the form of the Order Instituting Pilot Mediation Program, attached as Exhibit "A" to Order of this Court entered August 28, 1996, authorizing the program is amended to reflect such extended period. Order entered. DISPOSITION - Petition filed by the judges of the Nineteenth Chancery Court District, the Eighteenth Circuit Court District and the County Court of Jones County, seeking authority to adopt for those districts plans for a Pilot Mediation Program in compliance with that created and approved by this Court under Order dated June 12, 1996, entered June 20, 1996, as amended, granted. This order shall be effective as to each such court upon the entry by that court of an order in compliance with the form of that Order Instituting Pilot Mediation Program which was attached as Exhibit "A" to the Order Amending and Extending Pilot Mediation Program, entered concurrently with this order, and the delivery to this Court of a true, certified copy of such Order reflecting the date upon which it was entered by such petitioning court. Order entered.


EN BANC
93-KA-00225-SCT

Morgan, Theron Ray v. State of Mississippi Appeal No. 2519 from Judgment dated JANUARY 30, 1993, Pike County County Court; DISPOSITION - On Court's own motion the original unpublished opinion is withdrawn and a published opinion is substituted therefor. Order entered.


EN BANC
93-CT-00563-SCT

Williams, Greg, James R. Biddix and Martha L. Biddix v. Maurice Roberts d/b/a Gulf Park Estates Airport, Vicki Roberts, John Taranto and Brenda Taranto Appeal No. 54501 from Judgment dated SEPTEMBER 15, 1992, Jackson County Chancery Court; DISPOSITION - Appellants' Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Not Participating: Pittman, J. Order entered.


EN BANC
93-CT-00679-SCT

Whitfield, Patrick Dudley v. State of Mississippi Appeal No. 7461 from Judgment dated JANUARY 24, 1992, Hancock County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Patrick Dudley Whitfield denied. To Deny: All Justices. Order entered.


EN BANC
XX 94-CT-00837-SCT

Harris, Roger B. v. State of Mississippi Appeal No. 94118 from Judgment dated AUGUST 02, 1994, Hinds County Circuit Court, First Judicial District; Reversed and Rendered. McRae, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman and Mills, JJ., Concur. Smith, J., Dissents with Separate Written Opinion joined by Roberts, J. Banks, J., Not Participating. Hinds County is taxed with all costs of this appeal.


EN BANC
94-CT-00996-SCT

Thomas, Jr., Garland v. State of Mississippi Appeal No. 8418 from Judgment dated SEPTEMBER 12, 1994, Leake County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Garland Thomas, Jr., denied. To Deny: All Justices. Order entered.


EN BANC
XXX 95-DP-01068-SCT

Wells, Mack C. v. State of Mississippi Appeal No. 4614 from Judgment dated SEPTEMBER 28, 1995, Scott County Circuit Court; On change of venue to Leake County. Conviction of Capital Murder and Sentence of Death by Lethal Injection Affirmed. Execution date to be set within sixty days of final disposition of this case pursuant to Miss. Code Ann., Section 99-19-105(7) (1996) and M.R.A.P. 41(a). Mills, J., Lee, C.J., Prather, P.J., Pittman, Roberts and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Banks, J.; Banks, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Sullivan, P.J. Scott County is taxed with all costs of this appeal.


EN BANC
97-M-00044-SCT

Johnson, Travis Eugene v. State of Mississippi Appeal No. 961332 Hinds County Circuit Court First Judicial District; DISPOSITION - "Petition for Interlocutory Appeal By Permission and Petition for a Stay of the Proceedings in the Hinds County Circuit Court for the First Judicial District of the State of Mississippi" filed by Travis Johnson denied. Would Grant: Lee, C.J., Sullivan, P.J., Banks and McRae, JJ. Order entered.


EN BANC
97-M-00383-SCT

In Re: R. J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, Philip Morris Incorporated, and Lorillard Tobacco Company Appeal No. 94553 Jones County Circuit Court Second Judicial District; DISPOSITION - Petition for Extraordinary Writ of Prohibition filed by Petitioners dismissed as moot. Banks, J., Not Participating. Order entered. DISPOSITION - Motion for Summary Dismissal of Petition due to Procedural Defects filed by the Estate of Burl Butler dismissed as moot. Banks, J., Not Participating. Order entered. DISPOSITION - Motion for Clarification of Stay Order, Alternatively to Modify Stay Order filed by the Estate of Burl Butler dismissed as moot. Banks, J., Not Participating. Order entered.