Hand Down Lists
June 15, 2000
Waller, William L., Jr.
X
1999-CA-00484-SCT
Longanecker, Gary and Coella Longanecker, individually and derivatively v. Diamondhead Country Club and Property Owners Association, Inc.; James F. Van Norman, as President; The Board of Directors of The Property Owners Association; Members of The Board of Directors of The Property Owners Association, being Judith Stahl, Ken Kip
Hancock Chancery Court; LC Case#: 960402; Ruling Date: 02/12/1999; Ruling Judge: Thomas Teel; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., McRae, J., Smith, J., Mills, J., Cobb, J., Diaz, J., Concur. Disposition: Diamondhead's motion to strike language from the Longaneckers' brief, granted. Order entered.
Prather, Lenore L.
X
1999-CA-00774-SCT
Department of Human Services, State of Mississippi v. Melvin L. Fillingane, Jr.
Forrest Chancery Court; LC Case#: 46358; Ruling Date: 12/18/1998; Ruling Judge: Johnny Williams; Majority Opinion: Prather, C.J. Disposition: 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. McRae, J., Concurs in result only.
Prather, Lenore L.
1999-CA-01295-SCT
Kendall, Delbert v. Linda Jaques
Harrison Chancery Court 2nd District; LC Case#: C240298548; Ruling Date: 07/07/1999; Ruling Judge: J. Randall, Jr.; Majority Opinion: Prather, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, P.J., Banks, P.J., McRae, J., Smith, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. Disposition: Appellee's Motion for Attorney's Fees, denied.
EN BANC
96-CT-00343-SCT
Stevens, Edward H. III, Estate of v. James K. Wetzel and MGA Insurance Company, Inc.
Pearl River Chancery Court; LC Case#: 940798; Ruling Date: 03/18/1996; Ruling Judge: R. Reeves, Jr.; Disposition: Appellant's motion for rehearing, denied. Banks, P.J., and McRae, J., would grant. Diaz, J., not participating.
EN BANC
XX
96-CA-01164-SCT
Upchurch, Beverly Ann, as Parent and Personal Representative of the Statutory Beneficiaries of Timothy Adam Upchurch, Deceased v. Teresa Rotenberry
Oktibbeha Circuit Court; LC Case#: 18078; Ruling Date: 05/08/1996; Ruling Judge: Lee Howard; Majority Opinion: Pittman, P.J. Disposition: The motion for rehearing is denied. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Smith, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. Dissenting Opinion: McRae, J. Votes: Banks, P.J., Joins. Disposition: Motion of Mississippi Trial Lawyers Association for Leave to file Amicus Curiae Brief, granted. Order entered. Disposition: Motion of Mississippi Manufacturers Association for Leave to file Amicus Curiae Brief, granted. Order entered. Disposition: Motion of Helen A. Fuller, et al., to file Amicus Curiae Brief, granted. Order entered.
EN BANC
XX
97-CT-01288-SCT
Robinson, Jeremiah v. State of Mississippi
Hinds Circuit Court 1st District; LC Case#: 94463; Ruling Date: 09/26/1997; Ruling Judge: L. Hilburn, Jr.; Majority Opinion: Pittman, P.J. Disposition: Remanded. Hinds County taxed with costs of appeal. Votes: Prather, C.J., Banks, P.J., McRae, J., Waller, J., Concur. Diaz, J., Not Participating. Dissenting Opinion: Mills, J. Votes: Smith, J., Cobb, J., Join.
EN BANC
X
1998-CT-01001-SCT
Dubard, Robert v. Biloxi H.M.A., Inc. d/b/a Biloxi Regional Medical Center
Harrison Circuit Court 2nd District; LC Case#: 9700069; Ruling Date: 04/17/1998; Ruling Judge: Kosta Vlahos; Majority Opinion: Pittman, P.J. Disposition: Reversed. Robert Dubard taxed with costs of appeal. Votes: Prather, C.J., Banks, P.J., McRae, J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur. Diaz, J., Not Participating.
EN BANC
1998-CA-01208-SCT
Patton-Tully Transportation Company v. Jamey L. Douglas, Wendy C. Douglas and Mississippi Casualty Insurance Company
Warren Circuit Court; LC Case#: 960096CI; Ruling Date: 06/11/1998; Ruling Judge: Isadore Patrick, Jr.; Disposition: Appellant's Motion to Vacate treated as a Motion for Rehearing, denied.
EN BANC
X
1998-CA-01573-SCT
JOHNSON, ROBERT L., DECEASED, IN THE MATTER OF THE ESTATE OF: Robert M. Harris and Annye C. Anderson v. Claud L. Johnson
Leflore Chancery Court; LC Case#: E830; Ruling Date: 10/15/1998; Ruling Judge: Jon Barnwell; Majority Opinion: Mills, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., Smith, J., Waller, J., Cobb, J., Diaz, J., Concur. McRae, J., Not Participating.
EN BANC
1998-CP-01724-SCT
Pinkney, Bobby J. a/k/a Bobby Joe Pinkney a/k/a "BJ" v. State of Mississippi
Hinds Circuit Court 2nd District; LC Case#: 9834; Ruling Date: 10/12/1998; Ruling Judge: L. Hilburn, Jr.; Disposition: On Court's own motion, the mandate issued in this case on May 22, 2000, shall be recalled upon entry of this order. The State has filed a Motion to Correct Opinion. Order entered.
EN BANC
1998-JP-01835-SCT
Mississippi Commission on Judicial Performance v. Shirley C. Byers
Judicial Performance Commission; LC Case#: 97-046/211; Ruling Date: 12/11/1998; Ruling Judge: Erik Lowrey; Disposition: On Court's own motion, Shirley C. Byers, former Circuit Court Judge for the Fourth Circuit Court District of Mississippi, shall be publicly reprimanded in open court in the courtroom in the Carroll Gartin Justice Building, 450 High Street, Jackson, Hinds County, Mississippi, on Thursday, July 22, 2000, at 9:30 a.m. Smith, J., not participating. Order entered.
EN BANC
XX
1999-IA-00090-SCT
Nguyen, Khang Son and Thi Mai Le v. State of Mississippi
Jackson Circuit Court; LC Case#: 9810028; Ruling Date: 05/03/1999; Ruling Judge: Edwin Hardin; Majority Opinion: Prather, C.J. Disposition: Reversed. Jackson County taxed with costs of appeal. Votes: Banks, P.J., Mills, J., Waller, J., Diaz, J., Concur. McRae, J., Concurs in result only. Dissenting Opinion: Smith, J. Votes: Pittman, P.J., Cobb, J., Join.
EN BANC
XX
1999-CA-00482-SCT
Durr, Derry and Maggie Durr v. American National Property and Casualty Company
Lawrence Circuit Court; LC Case#: 950073; Ruling Date: 12/21/1998; Ruling Judge: Michael Eubanks; Majority Opinion: Smith, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. Dissenting Opinion: McRae, J. Disposition: Appellants' motion to strike brief for appellee, denied. Order entered.
EN BANC
1999-DP-00769-SCT
Eskridge, Roderick v. State of Mississippi
Attala Circuit Court; LC Case#: 980001CR; Ruling Date: 01/26/1999; Ruling Judge: C. Morgan, III; Disposition: On Court's own motion, oral argument in this matter shall be heard by this Court on Thursday, June 22, 2000, at 9:30 a.m. Counsel shall be prepared to argue those issues which are customarily involved in appeals of death sentences. McRae, J., would deny, oral argument having not been requested. Order entered.
EN BANC
1999-KA-00859
Townsend, Bobby Joe v. State of Mississippi
Webster Circuit Court; LC Case#: 4432; Ruling Date: 01/21/1999; Ruling Judge: C. Morgan, III; Disposition: Townsend's Motion to Remand for Crime Lab Testing and Supplementation of the Record with Previously Undisclosed Crime Lab, Medical, and other Evidence, or in the Alternative, Application for Leave to File Proposed Motion for Post-Conviction Relief, granted. This matter is remanded to the Webster County Circuit Court for a period of ninety days for further testing of the physical evidence, a hearing on whether a new trial should be granted based upon newly discovered evidence, and supplementation of the record. The circuit court shall provide access to the physical evidence in this case to a reputable and competent laboratory of Townsend's choice under such directions as the circuit court may impose, consistent with this order. Thereafter, the circuit court shall conduct a hearing, within ninety days of the entry of this order, for supplementation of the record regarding the results of such testing and for consideration of whether a new trial is warranted. The circuit court shall file a certified copy of its findings in this Court within fifteen days of the hearing. If the circuit court grants a new trial in this case, the appeal in this matter shall be dismissed. If the circuit court denies Townsend's request for a new trial, the record shall be supplemented with the newly discovered evidence and the transcript of the hearing in this matter shall be prepared and transmitted to this Court within thirty days of the trial court's decision for consideration on direct appeal. On Court's own motion, briefing shall be suspended pending resolution of this matter in the trial court. Should the trial court deny Townsend's request for a new trial, briefing shall resume upon receipt of the supplemental volume. Smith, J., would deny. Order entered.
EN BANC
X
1999-BD-02086-SCT
The Mississippi Bar v. James Grant Thompson, III
Majority Opinion: Banks, P.J. Disposition: James Grant Thompson, III, is hereby disbarred from the practice of law in the State of Mississippi. James Grant Thompson, III, taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., McRae, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. Smith, J., Not Participating.