Mississippi Supreme Court

Hand Down Lists
July 27, 2000

07/27/2000 - Hand Down and published opinions in WordPerfect/ZIP format

Diaz, Oliver E., Jr.
X 1999-CA-00829-SCT

City of Madison, Mississippi v. William J. Shanks and Donna Y. Shanks Madison Circuit Court; LC Case#: 940136; Ruling Date: 11/07/1997; Ruling Judge: Samac Richardson; Consolidated With 1999-CA-00830-SCT City of Madison, Mississippi v. William J. Shanks and Donna Y. Shanks; Madison Circuit Court; LC Case#: 940137; Ruling Date: 11/07/1997; Ruling Judge: Samac Richardson; Consolidated With 1999-CA-00831-SCT City of Madison, Mississippi v. William J. Shanks and Donna Y. Shanks; Madison Circuit Court; LC Case#: 940138; Ruling Date: 11/07/1997; Ruling Judge: Samac Richardson; Majority Opinion: Diaz, J. Disposition: Reversed. Appellee taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., McRae, J., Mills, J., Waller, J., Concur. Cobb, J., CIP/DIP's Without Separate Written Opinion. Smith, J., Not Participating.


Waller, William L., Jr.
XX 1998-CA-01410-SCT

Whitten, John W., III v. Randy Cox, Tod Logan and Philip Spinosa Tallahatchie Circuit Court 2nd District; LC Case#: CV968; Ruling Date: 04/28/1998; Ruling Judge: George Carlson, Jr.; Majority Opinion: Waller, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and Appellee taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., Smith, J., Mills, J., Diaz, J., Concur. Cobb, J., CIP/DIP's Without Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: McRae, J.


Waller, William L., Jr.
XX 1999-CA-01100-SCT

Emhart Industries, Inc. v. Mississippi State Tax Commission Hinds Chancery Court 1st District; LC Case#: G9467; Ruling Date: 05/26/1999; Ruling Judge: Stuart Robinson; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., McRae, J., Mills, J., Diaz, J., Concur. Dissenting Opinion: Smith, J. Votes: Cobb, J., Joins.


Mills, Michael P.
X 1998-KA-01541-SCT

Braxton, Ricky v. State of Mississippi Copiah Circuit Court; LC Case#: 15392; Ruling Date: 07/27/1998; Ruling Judge: Lamar Pickard; Majority Opinion: Mills, J. Disposition: Conviction of unlawful sale of cocaine and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, affirmed. Said sentence shall run concurrently with the sentence imposed in Cause No. 15,393. Appellant shall be given credit for jail time served. Copiah County taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., McRae, J., Smith, J., Waller, J., Cobb, J., Diaz, J., Concur.


Mills, Michael P.
X 1999-CA-01037-SCT

Covington County, Mississippi School District a/k/a Board of Education of Covington County, Mississippi v. G.W., a Minor Covington Chancery Court; LC Case#: 98342; Ruling Date: 05/20/1999; Ruling Judge: J. Buffington; Majority Opinion: Mills, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., McRae, J., Smith, J., Waller, J., Cobb, J., Diaz, J., Concur.


Banks, Fred L., Jr.
1999-CA-00494-SCT

Thomas, Chester L. v. Town of Heidelberg, Mississippi, ABC and DEF Jasper Circuit Court 1st District; LC Case#: 940167; Ruling Date: 01/22/1999; Ruling Judge: Robert Evans; Majority Opinion: Banks, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., McRae, J., Smith, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur.


Banks, Fred L., Jr.
X 1999-CP-01584-SCT

Kirk, Jason Wayne v. State of Mississippi Yazoo Circuit Court; LC Case#: 990060; Ruling Date: 08/26/1999; Ruling Judge: Jannie Lewis; Majority Opinion: Banks, P.J. Disposition: Dismissal of post-conviction relief, affirmed. Yazoo County taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., McRae, J., Smith, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur.


Prather, Lenore L.
XX 1999-KA-00254-SCT

Evans, Milton, Jr. v. State of Mississippi Sharkey Circuit Court; LC Case#: 1964; Ruling Date: 09/28/1998; Ruling Judge: Frank Vollor; Majority Opinion: Prather, C.J. Disposition: Count I: Conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections, affirmed. Count II: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, affirmed. Count III: Conviction of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections, affirmed. Counts I, II and III to run consecutively. Count IV: Conviction of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections, affirmed. Count IV to run concurrently with Counts I, II and III. Sharkey County taxed with costs of appeal. Votes: Pittman, P.J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. McRae, J., Concurs in result only. Smith, J., Not Participating. Concurring Opinion: Banks, P.J. Votes: Cobb, J., Joins in Part.


EN BANC
89-R-99001-SCT

Rules of Civil Procedure, In Re: The Disposition: On Court's own motion, Rule 57(b) of the Mississippi Rules of Civil Procedure is hereby amended as set out in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Mills, J., not participating. Order entered


EN BANC
89-R-99015-SCT

Local Rules, In Re: Disposition: On submission of judges of the Youth Court of Harrison County Mississippi, the proposed local rules for the Youth Court of Harrison County Mississippi, as set out in Exhibit "A" attached to this Order, are approved. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication in the Southern Reporter, Second Series, (Mississippi Edition). Mills, J., not participating. Order entered.


EN BANC
89-R-99015-SCT

Local Rules, In Re: Disposition: On submission of Honorable Frank McKenzie, the proposed local rules for the Nineteenth Chancery Court District, as set out in Exhibit "A" attached to this Order, are approved for use until further Order of this Court. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication in the Southern Reporter, Second Series, (Mississippi Edition). Mills, J., not participating. Order entered.


EN BANC
89-R-99021-SCT

Rules for Court Reporters Disposition: Petition filed by the Board of Certified Court Reporters seeking amendments to the Rules and Regulations Governing Court Reporters, granted as modified. The Rules and Regulations Governing Court Reporters are amended as set forth in Exhibit "A" attached to this order. 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 next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series (Mississippi Edition). Mills, J., not participating. Order entered.


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 Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). McRae, J., would deny. Mills, J., not participating. Order entered.


EN BANC
98-CA-00501-SCT

Clark, Charles F. and Mississippi Laminators, Inc. v. Mississippi Transportation Commission Clarke Special Court of Eminent Domain; LC Case#: 950082; Ruling Date: 02/25/1998; Ruling Judge: Robert Bailey; Disposition: Motion for Rehearing, denied. Opinion modified at Paragraph 2.


EN BANC
XX 1998-BA-01488-SCT

Cotton, Clencie L. v. The Mississippi Bar LC Case#: 98B721; Ruling Date: 08/28/1998; Majority Opinion: Prather, C.J. Disposition: Clencie L. Cotton is hereby disbarred from the practice of law and shall pay all costs. Clencie L. Cotton taxed with costs of appeal. Votes: Pittman, P.J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. Banks, P.J., Smith, J., Not Participating. Dissenting Opinion: McRae, J.


EN BANC
XX 1998-CA-01596-SCT

Herring, Kenneth v. Joseph Poirrier Harrison Circuit Court 1st District; LC Case#: 9700006; Ruling Date: 08/07/1998; Ruling Judge: John Whitfield; Majority Opinion: Smith, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., Mills, J., Waller, J., Cobb, J., Concur. Dissenting Opinion: McRae, J. Votes: Diaz, J., Joins.


EN BANC
XX 1999-CA-00111-SCT

Mississippi Department of Human Services v. Timothy Lee Murr, as Guardian Ad Litem Pearl River Chancery Court; LC Case#: 950516; Ruling Date: 12/10/1998; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Smith, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Banks, P.J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. Concurring in Part and Dissenting in Part Opinion: McRae, J. Votes: Pittman, P.J., Joins.


EN BANC
1999-CT-00238-SCT

McCracking, Eleridge E. Jr. v. Vivian McCracking Harrison Chancery Court 1st District; LCCase#: 9201840; Ruling Date: 11/05/1998; Ruling Judge: William Stewart; Disposition: Petition for Writ of Certiorari filed by Eleridge E. McCracking, Jr., denied. To Deny: Prather, C.J., Pittman and Banks, P.JJ., McRae, Smith, Mills and Waller, JJ. To Grant: Cobb, J. Not Participating: Diaz, J. Order entered.


EN BANC
1999-CT-00392-SCT

Hobgood, J. Robert v. Koch Pipeline Southeast, Inc. Harrison Chancery Court 2nd District; LC Case#: 981140; Ruling Date: 02/12/1999; Ruling Judge: Thomas Teel; Disposition: Petition for Writ of Certiorari filed by J. Robert Hobgood, denied. To Deny: Prather, C.J., Pittman and Banks, P.JJ., McRae, Smith, Mills, Waller and Cobb, JJ. Not Participating: Diaz, J. Order entered.


EN BANC
1999-M-01566

Gilder, Gatlin, Jr. v. State of Mississippi DeSoto Circuit Court; LC Case#: CR95306; Ruling Judge: George Ready; Disposition: Application for Leave to File Motion to Vacate and Set Aside Convictions filed by Gatlin Gilder, Jr., granted. Order entered.


EN BANC
X 1999-BR-01591-SCT

Petition of Jack Parsons for Reinstatement to the Practice of Law, In Re: Majority Opinion: Cobb, J. Disposition: Petition of Jack Parsons for Reinstatement to the Practice of Law, granted, contingent upon passage of The Mississippi Bar Exam and the Multi-State Professional Responsibility Exam. Jack Parsons taxed with costs of this appeal. Votes: Pittman, P.J., Banks, P.J., McRae, J., Waller, J., Diaz, J., Concur. Prather, C.J., Dissents Without Separate Written Opinion. Smith, J., Mills, J., Not Participating.