Mississippi Supreme Court

Hand Down Lists
June 13, 1996

06/13/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
94-CC-00413-SCT

Fleming, Mary E. v. Mississippi Employment Security Commission and Biloxi Belle Casino Appeal No. 9322679 from Judgment dated MARCH 24, 1994, Harrison County Circuit Court, First Judicial District; Before Sullivan, P.J., McRae and Mills, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


James W. Smith, J.
93-KA-00417-SCT

Epting, Perry v. State of Mississippi Appeal No. 4387 from Judgment dated FEBRUARY 18, 1993, Scott County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Conviction of the sale of cocaine and Sentence of twenty (20) years in the custody of the Mississippi Department of Corrections Affirmed. Sentence to run consecutively with the sentence imposed in Cause No. 4349. Appellant is given credit for 60 days jail time. Scott County is taxed with all costs of this appeal.


James W. Smith, J.
93-CA-00662-SCT

McFarland, John v. Ellis G. Blackwell d/b/a Blackwell Quick Shop Appeal No. 14642S from Judgment dated MAY 20, 1993, Winston County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


James W. Smith, J.
93-KA-00931-SCT

Whitehead, Eddie Lee v. State of Mississippi Appeal No. 05391 from Judgment dated FEBRUARY 02, 1993, Lauderdale County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Conviction of delivery of cocaine and Sentence of thirty years in the custody of the Mississippi Department of Corrections and Payment of a fine of $25,000.00 and fees Affirmed. Lauderdale County is taxed with all costs of this appeal.


James W. Smith, J.
93-KA-01140-SCT

Brown, Jr., Sammy Scott a/k/a 69, a/k/a Sammy Scott Brown v. State of Mississippi Appeal No. 21734 from Judgment dated APRIL 12, 1991, Leflore County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Conviction of the sale of cocaine and Sentence of thirty years in the custody of the Mississippi Department of Corrections Affirmed. Leflore County is taxed with all costs of this appeal.


James W. Smith, J.
93-CC-01456-SCT

Thomas, Mary L. v. Mississippi Employment Security Commission Appeal No. 93064 from Judgment dated NOVEMBER 22, 1993, Lauderdale County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
XX 91-KA-00626-SCT

Skaggs, Christopher Hershell a/k/a Christopher Hershel Skaggs v. State of Mississippi Appeal No. 25076 from Judgment dated JUNE 05, 1991, Harrison County Circuit Court, First Judicial District; Reversed and Remanded. Sullivan, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by McRae, J.; Pittman, J., Not Participating. Harrison County is taxed with all costs of this appeal.


James L. Roberts Jr., J.
XX 94-CA-00555-SCT

City of Jackson, Mississippi v. State of Mississippi and the Mississippi Veterans Memorial Stadium Commission, Mississippi State Department of Finance and Administration and M. Bennett Chotard Appeal No. 251940106 from Judgment dated MAY 05, 1994, Hinds County Circuit Court, First Judicial District; Judgment is Affirmed. Prather, P.J., Dissents with Separate Written Opinion joined by Lee, C.J., Banks and Mills, JJ. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
XX 92-CA-00764-SCT

Lewis, Sybil M. and Wilford Willis Lewis, Jr., Individually, and on Behalf of all Wrongful Death Beneficiaries of Wilford Bill Lewis, III v. Paul Kevin Hiatt and Paul Hiatt, Sr. Appeal No. 2913237 from Judgment dated MAY 14, 1992, Forrest County Circuit Court; On Direct Appeal: Reversed and Remanded for a New Trial. On Cross Appeal: Denied. Banks, J., Concurs in result only. Prather, P.J., Dissents with Separate Written Opinion joined by Lee, C.J., Smith and Mills, JJ. Appellee is taxed with all costs of this appeal.


Fred L. Banks, J.
XX 93-CA-00446-SCT

Watters, Barbara P. and E. Robert Watters v. Dr. John R. Stripling, III Appeal No. 21438 from Judgment dated NOVEMBER 02, 1992, Harrison County Circuit Court, First Judicial District; Judgment is Affirmed. McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J. Appellants are taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
XX 92-CA-00947-SCT

Herrington, Mary E. and Clyde P. Herrington v. James P. Spell, M. D. Appeal No. 16314 from Judgment dated JUNE 23, 1992, Rankin County Circuit Court; Judgment is Affirmed. McRae, J., Dissents with Separate Written Opinion. Banks and Smith, JJ., Not Participating. Appellant is taxed with all costs of this appeal. DISPOSITION - Motion to Reconsider Denial of Oral Argument denied. Order entered.


Edwin Lloyd Pittman, J.
XX 93-CA-00302-SCT

One Ford Mustang Convertible Bearing VIN#1FACP45EXLF192944 v. State of Mississippi, Ex Rel. Clay County Sheriff's Department Appeal No. 11429 from Judgment dated JANUARY 22, 1993, Clay County Circuit Court; Judgment is Affirmed. Banks, J., Concurs with Separate Written Opinion joined by Sullivan, P.J. Clay County is taxed with all costs of this appeal.


EN BANC
91-KA-01276-SCT

Jones, Frazier Lee v. State of Mississippi Appeal No. 7187 from Judgment dated NOVEMBER 01, 1991, Clarke County Circuit Court; DISPOSITION - On Court's own motion to consolidate appeals granted. Cause No. 92-KA-00190-SCT is consolidated with Cause No. 91-KA-01276-SCT. Order entered. CONSOLIDATED WITH: 92-KA-00190-SCT Sue Ann Jones v. State of Mississippi; Appeal No. 7187 from Judgment dated FEBRUARY 06, 1992, Clarke County Circuit Court; DISPOSITION - On Court's own motion to consolidate appeals granted. Cause No. 91-KA-01276-SCT is consolidated with Cause No. 92-KA-00190-SCT. Order entered.


EN BANC
92-KA-00190-SCT

Jones, Sue Ann v. State of Mississippi Appeal No. 7187 from Judgment dated FEBRUARY 06, 1992, Clarke County Circuit Court; DISPOSITION - On Court's own motion to consolidate appeals granted. Cause No. 91-KA-01276-SCT is consolidated with Cause No. 92-KA-00190-SCT. Order entered. CONSOLIDATED WITH: 91-KA-01276-SCT Frazier Lee Jones v. State of Mississippi; Appeal No. 7187 from Judgment dated NOVEMBER 01, 1991, Clarke County Circuit Court; DISPOSITION - On Court's own motion to consolidate appeals granted. Cause No. 92-KA-00190-SCT is consolidated with Cause No. 91-KA-01276-SCT. Order entered.


EN BANC
XX 92-KA-00649-SCT

Amacker, Monroe v. State of Mississippi Appeal No. 15478 from Judgment dated MAY 14, 1992, Forrest County Circuit Court; Reversed and Remanded for a New Trial. Prather, P.J., Lee, C.J., Sullivan, P.J., Banks, Roberts and Smith, JJ., Concur. McRae, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Pittman and Mills, JJ., Not Participating. Forrest County is taxed with all costs of this appeal.


EN BANC
92-CA-01005-SCT

BODMAN, DECEASED, IN THE MATTER OF THE ESTATE OF JAMES F.: Sally B. Herrington v. James F. Bodman, Jr. Appeal No. P1472 from Judgment dated AUGUST 24, 1992, Forrest County Chancery Court; DISPOSITION - Petition for Rehearing denied. Pittman, J., Not Participating.


EN BANC
X 92-KA-01107-SCT

Miller, Henry C. v. State of Mississippi Appeal No. 3191 from Judgment dated JANUARY 25, 1985, Tishomingo County Circuit Court; Reversed and Remanded. Sullivan, P.J., Lee, C.J., Prather, P.J., Pittman, Banks, McRae, Roberts and Smith, JJ., Concur. Mills, J., Not Participating. Tishomingo County is taxed with all costs of this appeal.


EN BANC
XX 92-CA-01307-SCT

Bank of Mississippi v. Southern Memorial Park, Inc. Appeal No. 19942 from Judgment dated NOVEMBER 16, 1992, Harrison County Chancery Court, Second Judicial District; Reversed and Remanded. Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J. Appellee is taxed with all costs of this appeal.


EN BANC
92-KA-01321-SCT

Lynch, Blake A. a/k/a Samuel Lynch v. State of Mississippi Appeal No. 14288 from Judgment dated JANUARY 06, 1993, Copiah County Circuit Court; DISPOSITION - Petition for Rehearing denied.


EN BANC
XX 93-CC-00748-SCT

Blankenship, Tony W. v. Delta Pride Catfish, Inc. Appeal No. 9315608E from Judgment dated APRIL 20, 1993, Sunflower County Circuit Court; Judgment is Affirmed. McRae, J., Lee, C.J., Roberts, Smith and Mills, JJ., Concur. Banks, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Prather and Sullivan, P.JJ., and Pittman, J. Appellant is taxed with all costs of this appeal.


EN BANC
XX 94-DP-01210-SCT

Conner, Ronnie Lee v. State of Mississippi Appeal No. 13490 from Judgment dated JULY 27, 1990, Lauderdale County Circuit Court; Conner's Application for Leave to File Motion to Vacate Conviction and/or Death Sentence denied. McRae, J., Lee, C.J., Pittman, Roberts, Smith and Mills, JJ., Concur. Banks, J., Dissents with Separate Written Opinion joined by Prather and Sullivan, P.JJ. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellant's Motion for Leave to Proceed in Forma Pauperis denied.


EN BANC
96-BD-00005-SCT

Mississippi Bar, The v. Thomas Eddy Parsons Appeal No. 96B5 from Judgment dated JANUARY 09, 1996; Joint Formal Complaint for Disbarment granted. Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Parsons is taxed with all costs of this appeal. Agreed Order of Disbarment entered.


EN BANC
96-M -00285-SCT

Moody, Kenneth v. State of Mississippi Appeal No. 4369 Perry County Circuit Court; DISPOSITION - On Court's own motion, the respondent, Frank Carlton, appointed as Special Prosecuting Attorney for the State of Mississippi, shall, on or before June 24, 1996, file a response to Kenneth Moody's Petition for Interlocutory Appeal to Adjudicate Defendant's Motion to Enforce Memorandum of Understanding. McRae, J., dissents. Pittman, J., Not Participating. Order entered.


EN BANC
96-BD-00480-SCT

Mississippi Bar, The v. Jack Parsons Appeal No. 96BD480 from Judgment dated MAY 08, 1996; Joint Formal Complaint for Disbarment granted. Roberts, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Smith and Mills, JJ., Concur. Parsons is taxed with all costs of this appeal. Agreed Order of Disbarment entered.