Mississippi Supreme Court

Hand Down Lists
June 24, 1999

06/24/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Mills, Michael P.
X 97-IA-00275-SCT

State of Mississippi and Robert Ishee v. Janet Dampeer Smith Circuit Court; LC Case#: 960226; Ruling Date: 12/31/1996; Ruling Judge: Robert Evans; Consolidated With 97- IA-00276-SCT State of Mississippi and Robert Ishee v. Brittany Dampeer; Smith Circuit Court; LC Case#: 960227; Ruling Date: 12/31/1996; Ruling Judge: Robert Evans; Majority Opinion: Mills, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Smith, J., Waller, J., Cobb, J., Concur.


Mills, Michael P.
X 1998-KA-01331-SCT

Daniels, Jr., Richard a/k/a " Bug" v. State of Mississippi Coahoma Circuit Court; LC Case#: 9345; Ruling Date: 08/24/1998; Ruling Judge: Elzy Smith, Jr.; Majority Opinion: Mills, J. Disposition: Conviction of statutory rape, Affirmed. Sentence reversed and this case is remanded to the Circuit Court of Coahoma County for resentencing according to Miss. Code Ann.97-3-65 (Supp. 1998) as amended. Coahoma County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Smith, J., Waller, J., Cobb, J., Concur.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On Court's own motion, Rule 22 of the Mississippi Rules of Appellate Procedure shall be amended as set forth in Exhibit "A" attached to this order. The standards and qualifications here adopted shall be effective as to attorneys appointed or retained from and after entry of this order to represent those under sentence of death seeking post-conviction relief. The Clerk of this Court shall spread this Order upon the minutes of this Court and shall forward a true certified copy hereof to West Publishing Company for publication in the Southern Reporter (Mississippi Edition) and in the Mississippi Rules of Court. Order entered.


EN BANC
96-CT-01085-SCT

Miller, Anthony William v. State of Mississippi Greene Circuit Court; LC Case#: 95124131; Ruling Date: 09/04/1996; Ruling Judge: Kathy Jackson; Disposition: Petition for Writ of Certiorari filed by Anthony William Miller, granted. To Grant: Prather, C.J., Sullivan, P.J., McRae and Mills, JJ. To Deny: Pittman, P.J., Banks, Smith, Waller and Cobb, JJ. Order entered.


EN BANC
X 96-KA-01339-SCT

State of Mississippi, Harrison County District Attorney's Office and State of Mississippi Crime Lab v. Brandon C. Blendon Harrison Circuit Court 1st District; LC Case#: 950437; Ruling Date: 10/28/1996; Ruling Judge: John Whitfield; Consolidated With 97-KA-00073-SCT Brandon C. Blendon v. State of Mississippi; Harrison Circuit Court 1st District; LC Case#: 950437; Ruling Date: 10/09/1996; Ruling Judge: John Whitfield; Majority Opinion: Banks, J. Disposition: Conviction of felony, driving under the influence of intoxicating liquor causing death and sentence of 25 years in the custody of the Mississippi Department of Corrections with 5 years suspended, Affirmed. Brandon C. Blenden shall pay restitution to Ann and Jack Lee in the amount of $520.00 under the terms and conditions set out in the judgment of the trial court. Upon release, Brandon C. Blenden is to be placed upon supervised probation for 5 years under the terms and conditions set out in the judgment of the trial court. Brandon C. Blendon taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur. McRae, J., Not Participating.


EN BANC
97-CT-00504-SCT

Wade, Deanna v. State of Mississippi Claiborne Circuit Court; LC Case#: 5060; Ruling Date: 02/04/1997; Ruling Judge: Lamar Pickard; Disposition: State's petition for writ of certiorari, granted. To Grant: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae and Smith, JJ. To Deny: Mills, Waller and Cobb, JJ. Order entered.


EN BANC
97-CT-00504-SCT

Wade, Deanna v. State of Mississippi Claiborne Circuit Court; LC Case#: 5060; Ruling Date: 02/04/1997; Ruling Judge: Lamar Pickard; Disposition: Wade's Petition for writ of certiorari, granted. To Grant: All Justices. Order entered.


EN BANC
97-CT-01080-SCT

HUDDLESTON, ESTATE OF OLLIE CATHERINE HORN (COLLINS): Raymond Carl Horn and his sister, Sandra Annette Horn (Anglin) Morris v. Elmer Gene Horn Quitman Chancery Court; LC Case#: 950045; Ruling Date: 08/18/1997; Ruling Judge: Jon Barnwell; Disposition: Petition for Writ of Certiorari filed by Raymond Horn and Sandra Horn, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Smith, Mills and Waller, JJ. Not Participating: Cobb, J. Order entered.


EN BANC
97-CT-01170-SCT

J. H. Moon and Sons, Inc. and Western Casualty and Surety Company v. Billy D. Johnson Madison Circuit Court; LC Case#: 960199; Ruling Date: 08/27/1997; Ruling Judge: John Toney; Disposition: Petition for Writ of Certiorai filed by J. H. Moon and Sons, Inc. and Western Casualty and Surety Company, granted. To Grant: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Mills and Waller, JJ. To Deny: Smith and Cobb, JJ. Order entered.


EN BANC
XX 97-KA-01239-SCT

White, Earnest E. a/k/a Earnest Edward White v. State of Mississippi Copiah Circuit Court; LC Case#: 15112; Ruling Date: 08/05/1997; Ruling Judge: Lamar Pickard; Majority Opinion: Waller, J. Disposition: Conviction of unlawful sale of cocaine within 1,500 feet of a church, Affirmed; Sentence to serve a term of 60 years in the custody of the Mississippi Department of Corrections, Vacated and Remanded for Resentencing. Copiah County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Concur. Cobb, J., Not Participating. Dissenting Opinion: Smith, J. Votes: Mills, J., Joins. McRae, J., Joins in Part .


EN BANC
X 98-KA-00062-SCT

Leuer, Jr., Richard J. v. City of Flowood Rankin Circuit Court; LC Case#: 6018; Ruling Date: 10/01/1997; Ruling Judge: Robert Goza, Jr.; Majority Opinion: Banks, J. Disposition: Conviction of careless driving and sentenced to pay $50.00 and assessment cost of $19.00, Affirmed. Conviction of driving under the influence of intoxicating liquor and sentenced to pay $800.00 and assessment cost of $137.00, Affirmed. Leuer is ordered to attend the MASEP driving course and serve 36 hours in the Rankin County Jail. Appellant taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur. McRae, J., Not Participating.


EN BANC
1998-DR-01266-SCT

Brown, Sherwood Dwayne v. State of Mississippi DeSoto Circuit Court; LC Case#: CR94201; Ruling Date: 04/07/1995; Ruling Judge: Andrew Baker; Disposition: Brown's Motion for Appointment of Counsel, granted. This matter is remanded to the Circuit Court of DeSoto County for appointment of counsel pursuant to this Court's decision in Henry Curtis Jackson, Jr. v. State, 98-DR-00708-SCT (Miss. Jan. 28 1999). Counsel shall be appointed in accordance with the standards set out in this order. Appointed counsel shall have sixty days from date of appointment in which counsel shall file with the trial court (1) a statement that having examined the record, the attorney either believes that meritorious claim for post-conviction relief exists or, that having examined the record, the attorney finds no meritorious claim, and (2) a petition for approval of investigation and expert expenses with detailed estimate of such expenses. Brown's Renewed Motion for Appointment of Counsel and Motion for Enlargement of Time in Which to File Petitioner's Response to the State's Response to Application for Leave to File Motion to Vacate Conviction and Death Sentence and Motion for Appearance of Counsel Pro Hac Vice and Supporting Affidavit, dismissed as moot. Order entered.


EN BANC
1998-DR-01280-SCT

Wells, Mack C. v. State of Mississippi Scott Circuit Court; LC Case#: 4614; Ruling Date: 09/28/1995; Ruling Judge: Marcus Gordon; Disposition: On Court's own motion, the appeal of the trial court's order denying reconsideration of appointment of counsel, dismissed. State's motion to dismiss appeal and responsive motion to stay proceedings, dismissed as moot. To Dismiss: Prather, C.J., Sullivan and Pittman, P.JJ., McRae, Smith, Mills and Cobb, JJ. Not Participating: Banks and Waller, JJ. Order entered.


EN BANC
1999-DR-00647-SCT

Crawford, Charles Ray v. State of Mississippi Tippah Circuit Court; LC Case#: TK93013; Ruling Judge: R. Coleman; Disposition: Crawford's Motion for Appointment of Counsel, granted. This matter is remanded to the Circuit Court of Tippah County for appointment of counsel pursuant to this Court's decision in Henry Curtis Jackson, Jr. v. State, 98-DR-00708-SCT (Miss. Jan. 28 1999). Counsel shall be appointed in accordance with the standards set out in the order of this Court. Appointed counsel shall have sixty days from date of appointment in which counsel shall file with the trial court (1) a statement that having examined the record, the attorney either believes that meritorious claim for post-conviction relief exists or, that having examined the record, the attorney finds no meritorious claim, and (2) a petition for approval of investigation and expert expenses with detailed estimate of such expenses. Sullivan, P.J., Not Participating. Order entered.


EN BANC
1999-TS-00893

Wells, Mack C. v. State of Mississippi Scott Circuit Court; LC Case#: 990046; Ruling Date: 04/16/1999; Ruling Judge: V. Cotten; Disposition: On Court's own motion, the appeal of trial court's order denying reconsideration of appointment of counsel, dismissed. State's motion to dismiss appeal and responsive motion to stay proceedings, dismissed as moot. To Dismiss: Prather, C.J., Sullivan and Pittman, P.JJ., McRae, Smith, Mills and Cobb, JJ. Not Participating: Banks and Waller, JJ. Order entered.