Mississippi Supreme Court

Hand Down Lists
June 19, 1997

06/19/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
X 95-CA-00225-SCT

Cook, Tina Louise, Executrix for the Estate of Cathy S. Cook v. Mardi Gras Casino Corporation and IGT-North America, Inc. Appeal No. 940229 from Judgment dated FEBRUARY 06, 1995, Hancock County Circuit Court; Judgment Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
XXXX 95-CA-00338-SCT

Robles, Malissa L., a Minor, by and through her General Guardian, Kathleen V. Robles v. Gollott and Sons Transfer and Storage, Inc. Appeal No. 925307 from Judgment dated AUGUST 26, 1994, Jackson County Circuit Court; Judgment Affirmed. Prather, P.J., Concurs with Separate Written Opinion joined in part by Banks, J. Banks, J., Concurs with Separate Written Opinion. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Appellant is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
U 95-CA-00067-SCT

Fortenberry, Charles L., Individually, and as Shareholder Derivatively for and on behalf of E. M. & N., Inc., a Mississippi Corporation v. Estate of Randolph L. Barnes, Deceased, Tom M. Lampkin, Barnes Truck Lines, a Mississippi Corporation and E. M. & N., Inc., a Mississippi Corporation Appeal No. 22251 from Judgment dated DECEMBER 20, 1994, Marion County Chancery Court; Affirmed. Appellant is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
U 95-KP-00892-SCT

Harbin, David v. State of Mississippi Appeal No. HC195 from Judgment dated JULY 11, 1995, Washington County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Washington County is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
X 95-CA-01119-SCT

Wright, J. Stephen v. Carol P. Stanley Appeal No. 30889 from Judgment dated SEPTEMBER 26, 1995, Madison County Chancery Court; Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 95-KA-00670-SCT

Coleman, Johnny Earl v. State of Mississippi Appeal No. 9500080 from Judgment dated APRIL 20, 1995, Harrison County Circuit Court, Second Judicial District; Conviction of murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Harrison County is taxed with all costs of this appeal.


EN BANC
91-US-01190-SCT

Jackson, Jr., Henry Curtis v. State of Mississippi Appeal No. 21817 from Judgment dated SEPTEMBER 14, 1991, Leflore County Circuit Court; DISPOSITION - State's Motion to Reset Execution Date granted. July 9, 1997, is hereby set as the date for execution of the Appellant in the manner provided by law. Order entered. DISPOSITION - Jackson's Motion for Extension of Time in Which to Respond to State's Motion to Reset Execution Date denied. Order entered.


EN BANC
92-US-00890-SCT

Davis, Jeffrey Keller v. State of Mississippi Appeal No. 3065 from Judgment dated JUNE 05, 1992, Greene County Circuit Court; DISPOSITION - State's Motion to Reset Execution Date granted. Wednesday, July 23, 1997, is hereby set as the date for execution of the Appellant in the manner provided by law. Order entered.


EN BANC
X 93-CT-00518-SCT

Hickson, Brian Clayton v. State of Mississippi Appeal No. 7698 from Judgment dated APRIL 19, 1993, Jones County Circuit Court, Second Judicial District; Reversed and Remanded. Sullivan, P.J., Lee, C.J., Prather, P.J., Pittman, Banks, McRae and Roberts, JJ., Concur. Smith and Mills, JJ., Not Participating. Jones County is taxed with all costs of this appeal.


EN BANC
93-CA-00876-SCT

Murriel, Debrah, Guardian and Natural Mother of Kimberly Murriel, a Minor v. Alfa Insurance Company Appeal No. 9375140 from Judgment dated JULY 30, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion to Strike Rule 28(j) Supplementation to Petition for Rehearing of Alfa Insurance Corp. granted. Order entered. DISPOSITION - Motion for Rehearing denied.


EN BANC
XX 93-CT-01109-SCT

Russell, Alvin Jude v. State of Mississippi Appeal No. 27491 from Judgment dated SEPTEMBER 23, 1993, Harrison County Circuit Court, First Judicial District; Reversed and Remanded for proceedings not inconsistent with the opinion of this Court. Pittman, J., Lee, C.J., Sullivan, P.J., Banks, McRae and Mills, JJ., Concur. Prather, P.J., Concurs in result only. Smith, J., Dissents with Seperate Written Opinion joined by Roberts, J. Harrison County is taxed with all costs of this appeal.


EN BANC
93-CT-01266-SCT

Thames, Robert E. v. Smith Insurance Agency, Inc. Appeal No. 18855 from Judgment dated JUNE 02, 1993, Lincoln County Circuit Court; CONSOLIDATED WITH: 93-CT-01267-SCT Robert Thames d/b/a Malta Mart v. Smith Insurance Agency, Inc.; Appeal No. 18856 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; CONSOLIDATED WITH: 93-CT-01268-SCT Seaview Resorts, Inc. v. Smith Insurance Agency, Inc.; Appeal No. 19023 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Robert E. Thames, Robert Thames d/b/a Malta Mart and Seaview Resorts, Inc., granted. To Grant: Sullivan, P.J., Pittman, Banks, McRae, Smith and Mills, JJ. To Deny: Lee, C.J., Prather, P.J., and Roberts, J. Order entered.


EN BANC
93-CT-01267-SCT

Thames, Robert d/b/a Malta Mart v. Smith Insurance Agency, Inc. Appeal No. 18856 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; CONSOLIDATED WITH: 93-CT-01266-SCT Robert E. Thames v. Smith Insurance Agency, Inc.; Appeal No. 18855 from Judgment dated JUNE 02, 1993, Lincoln County Circuit Court;CONSOLIDATED WITH: 93-CT-01268-SCT Seaview Resorts, Inc. v. Smith Insurance Agency, Inc.; Appeal No. 19023 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Robert E. Thames, Robert Thames d/b/a Malta Mart and Seaview Resorts, Inc., granted. To Grant: Sullivan, P.J., Pittman, Banks, McRae, Smith and Mills, JJ. To Deny: Lee, C.J., Prather, P.J., and Roberts, J. Order entered.


EN BANC
93-CT-01268-SCT

Seaview Resorts, Inc. v. Smith Insurance Agency, Inc. Appeal No. 19023 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Robert E. Thames, Robert Thames d/b/a Malta Mart and Seaview Resorts, Inc., granted. To Grant: Sullivan, P.J., Pittman, Banks, McRae, Smith and Mills, JJ. To Deny: Lee, C.J., Prather, P.J., and Roberts, J. Order entered.CONSOLIDATED WITH: 93-CT-01267-SCT Robert Thames d/b/a Malta Mart v. Smith Insurance Agency, Inc.; Appeal No. 18856 from Judgment dated OCTOBER 04, 1993, Lincoln County Circuit Court; CONSOLIDATED WITH: 93-CT-01266-SCT Robert E. Thames v. Smith Insurance Agency, Inc.; Appeal No. 18855 from Judgment dated JUNE 02, 1993, Lincoln County Circuit Court


EN BANC
XX 94-CA-00131-SCT

Jernigan, Ary Kay a/k/a Ary Kay Cox Jernigan v. Romie Jernigan Appeal No. 25249 from Judgment dated JANUARY 13, 1994, Monroe County Chancery Court; Reversed and Remanded. Banks, J., Prather and Sullivan, P.JJ., Pittman, Roberts and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J. Mills, J., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
94-CA-01091-SCT

Steele, Ms. Willie Lee, Individually, and as Administratrix of the Estate of Tremayne Steele, Deceased v. Inn of Vicksburg, Inc. and Joe Pitzer Appeal No. 15293 from Judgment dated OCTOBER 07, 1994, Warren County Circuit Court; DISPOSITION - Motion for Rehearing denied. McRae, J., would grant.


EN BANC
94-CA-01293-SCT

Sandlin, Dwight Carroll v. Nancy R. Sandlin Appeal No. 15401 from Judgment dated NOVEMBER 30, 1994, Lamar County Chancery Court; DISPOSITION - Motion for Rehearing denied.


EN BANC
X 95-CT-00034-SCT

American Funeral Assurance Company v. Daisy Hubbs, Administratrix of the Estate of Lucille Kitchens, Deceased Appeal No. 151068 from Judgment dated DECEMBER 19, 1994, Hinds County Chancery Court, First Judicial District; Affirmed in Part; Reversed and Rendered in Part. Sullivan, P.J., Lee, C.J., Prather, P.J., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Concurs in result only. Appellant and Appellee are taxed with all costs of this appeal.


EN BANC
95-KA-00167-SCT

Billups, Anthony v. State of Mississippi Appeal No. 94040CV1 from Judgment dated JANUARY 10, 1995, Lowndes County Circuit Court; CONSOLIDATED WITH: 95-KA-00247-SCT Anthony Billups v. State of Mississippi; Appeal No. 94039CV1 from Judgment dated FEBRUARY 15, 1995, Lowndes County Circuit Court; DISPOSITION - Motion for Rehearing denied.


EN BANC
95-KA-00247-SCT

Billups, Anthony v. State of Mississippi Appeal No. 94039CV1 from Judgment dated FEBRUARY 15, 1995, Lowndes County Circuit Court; DISPOSITION - Motion for Rehearing denied. CONSOLIDATED WITH: 95-KA-00167-SCT Anthony Billups v. State of Mississippi; Appeal No. 94040CV1 from Judgment dated JANUARY 10, 1995, Lowndes County Circuit Court.


EN BANC
96-M-00115-SCT

In Re: Corr-Williams Tobacco Company, Laurel Cigar & Tobacco Company, Long Wholesale, Incorporated, Wigley & Culp, Inc. of Gulfport, Mississippi, The Lewis Bear Company, Generic Products Corporation, The American Tobacco Company, R. J. Reynolds Tobacco Co Appeal No. 941429 Jackson County Chancery Court; DISPOSITION - Petitioners' Petition for Interlocutory Appeal by Permission or, in the Alternative, for Writ of Prohibition and/or Mandamus denied. Lee, C.J., Prather, P.J., and Smith, J., would grant. McRae and Mills, JJ., Not Participating. Order entered.


EN BANC
96-CA-00136-SCT

J & W Foods Corporation and Jerrie Lynn Kelly Hugh v. State Farm Mutual Automobile Insurance Company Appeal No. 95977CIV from Judgment dated JANUARY 24, 1996, Hinds County Circuit Court, First Judicial District; DISPOSITION - Amended Motion for Recusal of Justice C. R. McRae filed by State Farm Mutual Automobile Insurance Company denied. Order entered.


EN BANC
97-DP-00046-SCT

Russell, Willie C. v. State of Mississippi AND 93-DP-00418-SCT Appeal No. 10130 from Judgment dated MARCH 04, 1993, Sunflower County Circuit Court; DISPOSITION - Motion to Relieve Counsel filed by Clive Stafford Smith on behalf of W. S. Stuckey, Whitman Mounger and Willie Russell granted. W. T. Stuckey, Jr., and Whitman D. Mounger shall be relieved and dismissed as counsel for Willie Russell if within thirty days following entry of this order either (a) Russell shall sign and file with this Court a statement that he is proceeding pro se or (b) qualified counsel appears on his behalf, filing with this Court a proper appearance form, and either Russell or such counsel on his behalf shall, within such time, file a Petition for Post-Conviction Relief and withdraw the presently pending petition. Upon non-compliance with any of these conditions, the Motion to Relieve Counsel shall be denied. Order entered. DISPOSITION - Motion to Suspend State's Response Deadline and Preclude any Actions Taken in Violation of the Supremacy Clause denied. Order entered.


EN BANC
93-DP-00418-SCT

Russell, Willie C. v. State of Mississippi AND 97-DP-00046-SCT; Appeal No. 10130 from Judgment dated MARCH 04, 1993, Sunflower County Circuit Court; DISPOSITION - Motion to Relieve Counsel filed by Clive Stafford Smith on behalf of W. S. Stuckey, Whitman Mounger and Willie Russell granted. W. T. Stuckey, Jr., and Whitman D. Mounger shall be relieved and dismissed as counsel for Willie Russell if within thirty days following entry of this order either (a) Russell shall sign and file with this Court a statement that he is proceeding pro se or (b) qualified counsel appears on his behalf, filing with this Court a proper appearance form, and either Russell or such counsel on his behalf shall, within such time, file a Petition for Post-Conviction Relief and withdraw the presently pending petition. Upon non-compliance with any of these conditions, the Motion to Relieve Counsel shall be denied. Order entered. DISPOSITION - Motion to Suspend State's Response Deadline and Preclude any Actions Taken in Violation of the Supremacy Clause denied. Order entered.