Hand Down Lists
July 02, 1998
Waller, William L., Jr.
X
97-KA-00762-SCT
Wilson, Phil, Jr. v. State of Mississippi
Lafayette Circuit Court; LCCase #LK96338; Ruling:04/16/1997; Henry Lackey; Majority Opinion: Waller, J. Disposition: Conviction of armed robbery and sentence of thirty years in the custody of the Mississippi Department of Corrections, with ten years suspended and twenty years to serve, affirmed. Lafayette County taxed with costs of appeal. Votes:Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Roberts, J., Smith, J., Mills, J., Concur.
Waller, William L., Jr.
X
96-KA-01080-SCT
Pham, Kha Tao v. State of Mississippi
Harrison Circuit Court 1st District; LCCase #95466; Ruling:05/30/1996; John Whitfield; Majority Opinion: Waller, J. Disposition: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections without possibility of parole or early release affirmed. Harrison Countytaxed with costs of appeal. Votes:Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Roberts, J., Smith, J., Mills, J., Concur.
Roberts, James Lamar, Jr.
X
97-CA-00533-SCT
Tillman, Shirley v. Wallace Tillman
Jackson Chancery Court; LCCase #950925; Ruling:01/21/1997; Glenn Barlow; Majority Opinion: Roberts, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes:Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Smith, J., Mills, J., Waller, J., Concur. McRae, J., Not Participating.
McRae, Chuck
U 97-KA-00503-SCT
Carter, Richard "Bo-Nob" v. State of Mississippi
Winston Circuit Court; LCCase #5096; Ruling:03/21/1997; C. Morgan;
Majority Opinion: McRae, J. Disposition: Conviction of sale of cocaine, a schedule II controlled substance, and sentence of twenty (20)years with eight (8) years suspended for a period of five (5) years beginning upon his release from incarceration, with twelve (12) years to serve, with conditions, in the custody of the Mississippi Department of Corrections affirmed. Appellant shall pay a fine in the amount of $5,000.00 with $3,000.00 suspended plus all other costs. Winston County taxed with costs of appeal. Votes:Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur.
Banks, Fred L., Jr.
X
96-CA-00383-SCT
Wallace, Texie Rae v. United Mississippi Bank
Adams Chancery Court; LCCase #94013; Ruling:01/30/1996; Hyde Jenkins;
Majority Opinion: Banks, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes:Prather, C.J., Sullivan, P.J., Pittman, P.J., McRae, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur.
Prather, Lenore L.
XX
96-CA-00937-SCT
State of Mississippi, The Jackson Public School District and Hinds County Agriculture High School District v. Bergie Jones, Doris Powe, Mary Barry, John Anthony, Mary Hunter and Catherine Knight
Hinds Chancery Court 1st District; LCCase #G961347; Ruling:08/20/1996; Pat Wise;Majority Opinion: Prather, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes:Banks, J., Smith, J., Mills, J., Waller, J., Concur. Pittman, P.J., Not Participating. Dissenting Opinion: McRae, J. Votes:Sullivan, P.J., Joins. Roberts, J., Joins in Part .
Prather, Lenore L.
U 96-KA-00950-SCT
Smith, Jamey Lynn v. State of Mississippi
Washington Circuit Court; LCCase #24485; Ruling:10/23/1996; Warren Hines; Majority Opinion: Prather, C.J. Disposition: Count I: Conviction of simple assault and Sentence of six months in the custody of the Mississippi Department of Corrections Affirmed. Count II: Conviction of aggravated assault and Sentence of eighteen years in the custody of the Mississippi Department of Corrections Affirmed. Count III: Conviction of simple assault and Sentence of six months in the custody of the Mississippi Department of Corrections, pay restitution in the amount of $15,475.98 and court costs in the amount of $242.50 Affirmed. Sentence in all counts to run consecutively. Appellant taxed with Votes:Sullivan, P.J., Pittman, P.J., McRae, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur. Banks, J., Concurs in result only .
EN BANC
XX
92-KA-00242-SCT
Hooker, Charles C. v. State of Mississippi
Coahoma Circuit Court; LCCase #7842; Ruling:02/04/1992; John Hatcher;
Majority Opinion: Pittman, P.J. Disposition: Motion for Rehearing granted. The original opinions are withdrawn and these opinions are substituted therefor. Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections affirmed. The sentence imposed in this cause shall run consecutively with any and all sentences previously imposed. Votes:Roberts, J., Smith, J., Mills, J., Waller, J., Concur. Dissenting Opinion: Sullivan, P.J. Votes:Prather, C.J., McRae, J., Join. Banks, J., Joins in Part .
EN BANC
X
94-CA-00102-SCT
Fortune, Margie Gail as Wrongful Death Beneficiary of Steven Lynn Fortune v. Lee County Board of Supervisors
Lee Circuit Court; LCCase #21322GL; Ruling:01/04/1994; Thomas Gardner; Disposition: Motion for Rehearing denied. Sullivan, P.J., and McRae, J., would grant. Banks, J., files a separate written opinion on motion for rehearing joined by Pittman, P.J.
EN BANC
XXXX
94-CA-01160-SCT
Quinn, Mike and Gayra, Individually and as Parents and Next Friends of Brandon Quinn v. Mississippi State University; Dr. Donald Zacharias, President of Mississippi State University; Ron Polk, Mississippi State University Head Baseball Coach; and Steve Smith, Mississippi State University Assistant Baseball Coach and Director of Mississippi S
Oktibbeha Circuit Court; LCCase #940138; Ruling:10/14/1994; Lee Howard; Majority Opinion: Roberts, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and Appellees taxed equally with costs of appeal. Votes:Prather, C.J., Pittman, P.J., Smith, J., Concur. Waller, J., Not Participating. Concurring in Part and Dissenting in Part Banks, J. Votes:Sullivan, P.J., McRae, J., Join. Concurring in Part and Dissenting in Part McRae, J. Votes:Banks, J., Joins in Part. Concurring in Part and Dissenting in Part Mills, J.
EN BANC
96-CT-00150-SCT
Thomas, Lavell v. State of Mississippi
Panola Circuit Court 2nd District; LCCase #CR950063; Ruling:01/30/1996; Andrew Baker; Disposition: Petition for Writ of Certiorari filed by Lavell Thomas denied. To Deny: All Justices. Order entered.
EN BANC
96-CT-00506-SCT
Dykes, M. L., Individually and on Behalf of the Wrongful Death Beneficiaries of Leroy Thomas Dykes v. Forrest County
Forrest Circuit Court; LCCase #11934128; Ruling:02/09/1996; Richard McKenzie; Disposition: Petition for Writ of Certiorari filed by M. L. Dykes denied. To Deny: Prather, C. J., Sullivan and Pittman, P.JJ., Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: McRae, J. Order entered.
EN BANC
97-M-01247-SCT
Lambert, Gary Dean v. State of Mississippi
Covington Circuit Court; LCCase # Robert Evans; Disposition: Petition for Rehearing filed by counsel on behalf of Gary Dean Lambert, requesting the Court to reconsider its denial of Lambert's Application to Proceed in the Trial Court with Post-Conviction Relief, granted. To Grant: Prather, C.J., Sullivan, P.J., Banks, McRae, Mills and Waller, JJ. To Deny: Pittman, P.J., and Smith, J. Not Participating: Roberts, J. Order entered.
EN BANC
98-BD-00415-SCT
The Mississippi Bar v. Peter Halat, Jr.
LCCase #98BD415; Ruling:03/19/1998; Disposition: Peter Halat, Jr. shall immediately be stricken from the rolls of the Mississippi Bar. Halat shall be suspended from the practice of law until the conclusion of disciplinary proceedings or until his conviction is reversed on appeal. Further action in these disciplinary proceedings are stayed until all of Halat's appeals of the convictions are concluded. In the event such convictions are reversed on appeal, the name of the attorney shall be returned to the rolls of The Mississippi Bar and he shall be reinstated to the practice of law in the State of Mississippi. The Clerk of this Court shall mail certified copies of this order to the Chancery Clerk and Circuit Clerk of Harrison County and to the senior chancellor and circuit judge of the Chancery and Circuit Courts of Harrison County, and the order shall be entered upon the minutes of those courts in accordance with the provisions of Rule 8.6(iii) of the Rules of Discipline of The Mississippi Bar. Roberts, J., Not Participating. Order Entered.
EN BANC
98-BD-00489-SCT
The Mississippi Bar v. Clinton G. Herring
LCCase #98BD489; Ruling:03/31/1998; Disposition: Pursuant to the provisions of Rule 10.5 of the Rules of Discipline of the Mississippi Bar, the Court does accept the irrevocable resignation of Clinton G. Herring from The Mississippi Bar and from the practice of law in the state and does accept the surrender of his license to practice. Hereafter the right of Clinton G. Herring to seek reinstatement to the privilege of practicing law is barred. Herring shall immediately provide all clients and to all affected courts of his resignation, all in full compliance with the provisions of Rule 11(c] of the Rules of Discipline. The Clerk of this Court shall forthwith forward to the Clerks of the Chancery Court and the Circuit Court of Madison County, Mississippi and to the senior judges of those courts and to the judge of the County Court of Madision County true certified copies of this order which shall be spread upon the minutes of those courts. McRae, Roberts and Smith, JJ., Not Participating. Order entered.
EN BANC
98-BD-00566-SCT
The Mississippi Bar v. Attorney FFF
LCCase #98BD566; Ruling:04/14/1998; Disposition: On Court's own motion, the respondent in this case shall within thirty days following entry of this order respond to the Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings, showing cause if any why the relief sought should not be granted. The Clerk of this Court shall mail to the Respondent a true certified copy of this order by certified mail, delivery restricted to the addressee only, return receipt requested. Order entered.