Mississippi Supreme Court

Hand Down Lists
June 22, 2000

06/22/2000 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L., Jr.
XX 1998-CA-01644-SCT

Louk, Patricia A. v. John Mark Louk Forrest Chancery Court; LC Case#: 970093GN; Ruling Date: 10/16/1998; Ruling Judge: James Thomas, Jr.; Majority Opinion: Waller, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and Appellee taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., Smith, J., Mills, J., Cobb, J., Diaz, J., Concur. Dissenting Opinion: McRae, J.


EN BANC
XX 96-CT-00408-SCT

Vu, Luong Dominique v. Bac Luu Clayton and Muise Xuan d/b/a Xuan Houng Restaurant Harrison Circuit Court 2nd District; LC Case#: 9400189; Ruling Date: 03/12/1996; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Waller, J. Disposition: Reversed. Luong Dominique Vu taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., Smith, J., Mills, J., Cobb, J., Concur. Diaz, J., Not Participating. Dissenting Opinion: McRae, J.


EN BANC
96-CT-00692-SCT

Accu-Fab & Construction, Inc., and Roy Anderson Corporation v. Richard G. Ladner, Deceased, by and through Beverly Ladner, his widow, as his personal representative Jackson Circuit Court; LC Case#: CI940180; Ruling Date: 04/16/1995; Ruling Judge: Kathy Jackson; Disposition: Petition for Writ of Certiorari filed by Accu-Fab & Construction, Inc., and Petition for Writ of Certiorari filed by Roy Anderson Corporation, granted. To Grant: Prather, C.J., Banks, P.J., McRae, Mills and Waller, JJ. To Deny: Pittman, P.J., and Cobb, J. Not Participating: Smith and Diaz, JJ. Order entered.


EN BANC
XX 97-DR-00749-SCT

Ballenger, Vernice v. State of Mississippi Leake Circuit Court; LC Case#: 8337; Ruling Date: 01/13/1993; Ruling Judge: Marcus Gordon; Majority Opinion: Pittman, P.J. Disposition: Petition for post-conviction relief, granted; conviction of capital murder and sentence of death by lethal injection vacated; remanded for a new trial consistent with the opinion of this Court. Leake County taxed with costs of appeal. Votes: Prather, C.J., Banks, P.J., McRae, J., Waller, J., Concur. Dissenting Opinion: Smith, J. Votes: Mills, J., Cobb, J., Diaz, J., Join. Disposition: Application for Leave to File First Amended Motion to Vacate Judgment and Death Sentence filed by Vernice Ballenger, granted. Application for Leave to File Second Amended Motion to Vacate Judgment and Death Sentence filed by Vernice Ballenger, granted. Order entered.


EN BANC
XX 1998-KA-01111-SCT

Brooks, Terry Allen v. State of Mississippi Leflore Circuit Court; LC Case#: 23312; Ruling Date: 05/20/1998; Ruling Judge: W. Hines; Majority Opinion: Prather, C.J. Disposition: Reversed and Remanded. Leflore County taxed with costs of appeal. Votes: Pittman, P.J., Banks, P.J., McRae, J., Waller, J., Concur. Dissenting Opinion: Smith, J. Votes: Mills, J., Cobb, J., Diaz, J., Join. Disposition: Emergency Petition for Leave to File Supplemental Motion filed pro se by Terry Brooks, denied. Order entered. Disposition: Emergency Instant Motion for Substitution of Counsel and an Amendment to the Instant Motion for Substitution of Counsel filed pro se by Terry Brooks, denied. Order entered. Disposition: "Notice of Appeal" filed pro se by Terry Brooks is treated as a motion for reconsideration and is dismissed as improperly before the Court. Order entered. Disposition: "Emergency Motion to Stay Appeal Proceedings" filed pro se by Terry Allen Brooks, denied. Order entered. Disposition: "Petition for Leave to File Out of Time Notice of Appeal" filed pro se by Terry Brooks, denied. 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 20, 2000, at 9:30 a.m. Smith, J., not participating. Corrected Order entered.


EN BANC
X 1998-IA-01943-SCT

Pruett, J. Bruce, M.D. v. Marilyn Malone Jones Circuit Court 2nd District; LC Case#: 95327; Ruling Date: 12/23/1996; Ruling Judge: Billy Landrum; Majority Opinion: Cobb, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., Smith, J., Mills, J., Waller, J., Concur. McRae, J., Concurs in result only. Diaz, J., Not Participating


EN BANC
1999-M-01915

Transocean Offshore, Inc. v. Richard Paul Hammond Lawrence Chancery Court; LC Case#: 99-1023; Ruling Date: 11/19/1999; Ruling Judge: J. Buffington; Disposition: "Petition to the Mississippi Supreme Court for Permission to Appeal Interlocutory Order; and for Emergency Stay of Proceedings in the Chancery Court of Lawrence County, Mississippi" filed by Transocean Offshore, Inc., granted. The notice of appeal shall be deemed filed upon entry of this order, at which time the filing fee shall be due and payable to the clerk of this Court. The appeal shall proceed pursuant to the Mississippi Rules of Appellate Procedure. All proceedings in the trial court shall remain stayed pending the disposition of this appeal. To Grant: Prather, C.J., Smith, Mills, Waller and Cobb, JJ. To Deny: Pittman and Banks, P.JJ., McRae and Diaz, JJ. Order entered.


EN BANC
2000-M-00203

Blansett, Gayla Marie, et al. v. Larry Shane Malone Chickasaw Circuit Court 2nd District; LC Case#: 99-00-72-2; Ruling Judge: R. Coleman; Disposition: Petition for Interlocutory Appeal filed by Gayla Marie Blansett, denied. Order entered.