Mississippi Supreme Court

Hand Down Lists
July 01, 1999

07/01/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Banks, Fred L., Jr.
X 98-KA-00077-SCT

Greenwood, Jimmy a/k/a Jimmy D. Greenwood v. State of Mississippi Madison Circuit Court; LC Case#: 3039; Ruling Date: 08/22/1997; Ruling Judge: John Toney; Majority Opinion: Banks, J. Disposition: Count II: Conviction of attempted armed robbery and sentence of nine years in the custody of the Mississippi Department of Corrections, affirmed. Sentence shall run consecutively to the sentence received in Count I of Madison County Cause No. 3039-A. Appellant shall pay all court costs, fees and assessments. Appellant shall be given credit for time served. Madison County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., McRae, J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur.


Sullivan, Michael
X 98-KA-00610-SCT

Hodges, Anthony v. State of Mississippi Webster Circuit Court; LC Case#: 4379; Ruling Date: 01/29/1998; Ruling Judge: C. Morgan, III; Majority Opinion: Sullivan, P.J. Disposition: Conviction of rape and sentence of thirty years in the custody of the Mississippi Department of Corrections, affirmed. Appellant shall pay all court costs, fees and assessments. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., McRae, J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur.


EN BANC
89-R-99015-SCT

Local Rules, In Re: Disposition: Submission by Judge W. Swan Yerger seeking to adopt local rules for the Seventh Circuit Court District of Mississippi, denied. Order entered.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On Court's own motion, the Mississippi Rules of Appellate Procedure are hereby amended, as follow: M.R.A.P. 10(b)(5) is amended as set out in Exhibit "A" to this order; M.R.A.P. 17(b) is amended as set out in Exhibit "B" to this order; M.R.A.P. 27(b) is amended as set out in Exhibit "C" to this order; M.R.A.P. 27(g) is amended as set out in Exhibit "D" to this order; and M.R.A.P. 46(b) is hereby amended as set out In Exhibit "E" to this order. The foregoing amendments shall be effective from and after entry of this Order. The Clerk of this Court shall spread this order on the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Order entered.


EN BANC
95-CT-01072-SCT

City of Jackson, Mississippi v. Charles Williamson and Beth Williamson Hinds Circuit Court 1st District; LC Case#: 9167210; Ruling Date: 09/05/1995; Ruling Judge: James Graves, Jr.; Disposition: Motion for rehearing filed by the City of Jackson, denied. Prather, C.J., and Mills, J., would grant. Waller, J., not participating.


EN BANC
95-CT-01072-SCT

City of Jackson, Mississippi v. Charles Williamson and Beth Williamson Hinds Circuit Court 1st District; LC Case#: 9167210; Ruling Date: 09/05/1995; Ruling Judge: James Graves, Jr.; Disposition: Motion for rehearing filed by the Williamsons, denied. McRae, J., would grant. Waller, J., not participating.


EN BANC
95-CT-01072-SCT

City of Jackson, Mississippi v. Charles Williamson and Beth Williamson Hinds Circuit Court 1st District; LC Case#: 9167210; Ruling Date: 09/05/1995; Ruling Judge: James Graves, Jr.; Disposition: The City of Jackson's motion to strike untimely motion for rehearing, granted. Order entered.


EN BANC
95-CT-01072-SCT

City of Jackson, Mississippi v. Charles Williamson and Beth Williamson Hinds Circuit Court 1st District; LC Case#: 9167210; Ruling Date: 09/05/1995; Ruling Judge: James Graves, Jr.; Disposition: The City of Jackson's motion to strike untimely response to motion for rehearing, granted. Order entered.


EN BANC
XX 96-CT-01072-SCT

Lester, Stanley, Jimmy Wrenn and Martha F. Butler a/k/a Jimmy Wren a/k/a Jimmy Lee Wren a/k/a Martha Faye Butler v. State of Mississippi Panola Circuit Court 2nd District; LC Case#: CR9565; Ruling Date: 09/12/1996; Ruling Judge: Andrew Baker; Majority Opinion: Banks, J. Disposition: Reversed and Remanded. Panola County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., McRae, J., Waller, J., Cobb, J., Concur. Dissenting Opinion: Mills, J. Votes: Pittman, P.J., Smith, J., Join.


EN BANC
96-CT-01248-SCT

Jenkins, Glendora and Wendell Woodard v. State of Mississippi Quitman Circuit Court; LC Case#: 5453; Ruling Date: 10/17/1996; Ruling Judge: Elzy Smith, Jr.; Disposition: Petition for writ of certiorari filed by Jenkins and Woodard, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Smith, Mills and Cobb, JJ. To Grant: McRae and Waller, JJ. Order entered.


Pittman, Edwin Lloyd
96-CT-01375-SCT

Burtchell, Darrell Wynn a/k/a Darrell Wynn Burchell v. State of Mississippi Harrison Circuit Court 2nd District; LC Case#: 950079; Ruling Date: 06/21/1995; Ruling Judge: John Whitfield; Disposition: On Court's own motion, Darrell Wynn Burtchell a/k/a Darrell Wynn Burchell's petition for writ of certiorari, dismissed as improvidently granted in accordance with Mississippi Rules of Appellate Procedure 17(f). To Dismiss: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Smith, Waller and Cobb, JJ., Not Participating: Mills, J. Order entered.


EN BANC
97-CA-00210-SCT

Warwick, Charles E. d/b/a Coast Meadows Mobile Home Park and Park Developers, Inc. v. Gautier Utility District Jackson Circuit Court; LC Case#: 935387; Ruling Date: 12/19/1995; Ruling Judge: Bill Jones; Disposition: Motion for rehearing, denied.


EN BANC
97-CT-00868-SCT

Brown, Sara v. Inter-City Federal Bank for Savings Winston Circuit Court; LC Case#: CV950161; Ruling Date: 05/29/1997; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Brown, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Smith, Mills, Waller and Cobb, JJ. To Grant: McRae, J. Order entered.


EN BANC
97-CT-00906-SCT

Barbetta, Andrew Scott v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 9600959; Ruling Date: 09/16/1997; Ruling Judge: John Whitfield; Disposition: Petition for writ of certiorari filed by Barbetta, denied. To Deny: All Justices. Order entered.


EN BANC
X 97-CA-01090-SCT

Branning, Heirs and Wrongful Death Beneficiaries of April Tenille, By and Through Lelia Branning Tucker, the Mother of April Tenille Branning, Individually and on Behalf of Lester Branning, Father of April Tenille Branning; Scott Branning, Brother of Apri v. Hinds Community College District Hinds Circuit Court 2nd District; LC Case#: 9510; Ruling Date: 08/15/1997; Ruling Judge: L. Hilburn, Jr.; Majority Opinion: Smith, J. Disposition: Motions for rehearing, denied. The original opinion is withdrawn and this opinion is substituted therefor. Judgment affirmed. Appellant taxed with costs of appeal. Votes: Sullivan, P.J., Pittman, P.J., Banks, J., Mills, J., Waller, J., Concur. McRae, J., Concurs in result only. Prather, C.J., Cobb, J., Not Participating.


EN BANC
97-CT-01113-SCT

Smothers, Quincy a/k/a Quincy Washington v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 963102; Ruling Date: 05/23/1997; Ruling Judge: L. Hilburn, Jr.; Disposition: Petition for writ of certiorari filed by Smothers, denied. To Deny: All Justices. Order entered.


EN BANC
97-CT-01277-SCT

Housing Authority, The, City of Laurel, Mississippi v. Irvin H. Gatlin Jones Circuit Court 2nd District; LC Case#: 94669; Ruling Date: 09/19/1997; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Gatlin, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Smith, Mills, Waller and Cobb, JJ. To Grant: McRae, J. Order entered.


EN BANC
97-CT-01376-SCT

ABC Manufacturing Corporation and Continental Casualty Company (CNA Insurance Company) v. Martha Jane Doyle Benton Circuit Court; LC Case#: B96063; Ruling Date: 09/24/1997; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by Martha Jane Doyle, granted. To Grant: All Justices. Order entered.


EN BANC
XX 98-DR-00511-SCT

Davis, Jeffrey Keller v. State of Mississippi Greene Circuit Court; LC Case#: 3065; Ruling Date: 06/05/1992; Ruling Judge: Bill Jones; Majority Opinion: Pittman, P.J. Disposition: Application for Leave to File Motion to Vacate Judgment and/or Sentence of Death, granted in part and denied in part. Case is remanded to the Greene County Circuit Court for further proceedings. Motion for Appointment of Counsel, Payment of Reasonable Litigation Expenses and Suspension of Briefing, granted. Case is remanded to the Greene County Circuit Court for appointment of counsel for Jeffrey Keller Davis and consideration of reasonable litigation expenses. Greene County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Banks, J., McRae, J., Mills, J., Waller, J., Concur. Dissenting Opinion: Smith, J. Votes: Cobb, J., Joins.


EN BANC
XX 1998-CA-01161-SCT

Rush, Rhonda v. Casino Magic Corporation, Mardi Gras Casino Corporation and Fictitious Parties A B C Hancock Circuit Court; LC Case#: 940012; Ruling Date: 06/05/1998; Ruling Judge: Kosta Vlahos; Majority Opinion: Pittman, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Banks, J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur. Dissenting Opinion: McRae, J.