Mississippi Supreme Court

Hand Down Lists
August 01, 1996

08/01/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
XX 93-KA-00489-SCT

Young, Freddie v. State of Mississippi Appeal No. 7334 from Judgment dated JANUARY 07, 1993, Yazoo County Circuit Court; Conviction of capital rape and Sentence of life Affirmed. Sullivan, P.J., Dissents with Separate Written Opinion joined by Lee, C.J., Banks and McRae, JJ. Yazoo County is taxed with all costs of this appeal.

James W. Smith, J.
XXXX 92-KA-01010-SCT

Townsend, Jr., William B. v. State of Mississippi Appeal No. 8341 from Judgment dated SEPTEMBER 15, 1992, Leake County Circuit Court; Conviction of possession of methamphetamine and sentenced under Section 41-29-147 to six (6) years, one (1) year suspended, in the custody of the Mississippi Department of Corrections and Payment of a fine of $5,000 Affirmed. Appellant is placed on probation for five (5) years and given credit for six (6) days jail time. Pittman and Mills, JJ., Concur in result only. Banks, J., Concurs with Separate Written Opinion joined by Sullivan, P.J.; Smith, J., joins this opinion in part. Dan Lee, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion. McRae, J., Dissents with Separate Written Opinion. Leake County is taxed with all costs of this appeal.

James W. Smith, J.
U 93-KP-00170-SCT

Tubwell, Robert E. v. State of Mississippi Appeal No. 923188 from Judgment dated JANUARY 28, 1993, Sunflower County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Sunflower County is taxed with all costs of this appeal.

James W. Smith, J.
U 93-KP-00499-SCT

McDonald, Donnie v. State of Mississippi Appeal No. CV92355FM from Judgment dated MARCH 22, 1993, Monroe County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Monroe County is taxed with all costs of this appeal.

James W. Smith, J.
U 94-KP-01014-SCT

Clunan, Thomas a/k/a James Oliver Clunan a/k/a Carl James Ridgdell v. State of Mississippi Appeal No. 940039 from Judgment dated AUGUST 22, 1994, Quitman County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
U 95-KP-00181-SCT

Magee, James Earl v. State of Mississippi Appeal No. PC30 from Judgment dated MARCH 09, 1995, Marion County Circuit Court; Reversed and Remanded for proceedings consistent with the opinion of this Court. Marion County is taxed with all costs of this appeal.

James W. Smith, J.
U 95-KP-00200-SCT

Walker, Franklin D. a/k/a Franklin David Walker v. State of Mississippi Appeal No. 94095CV1 from Judgment dated JANUARY 23, 1995, Lowndes County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
U 95-KP-00681-SCT

Cruse, Billy M. v. State of Mississippi Appeal No. M950076 from Judgment dated JUNE 02, 1995, Sunflower County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Sunflower County is taxed with all costs of this appeal.

Chuck McRae, J.
U 93-KP-00232-SCT

Johnson, Alexander v. State of Mississippi Appeal No. 9312811 from Judgment dated JANUARY 22, 1993, Washington County Circuit Court; Lower Court's Denial of Post Conviction Relief Affirmed. Washington County is taxed with all costs of this appeal.

Chuck McRae, J.
U 93-CC-00929-SCT

Schaffer, Mary v. Jackson State University and The Travelers Insurance Company Appeal No. 9376078 from Judgment dated JULY 27, 1993, Hinds County Circuit Court, First Judicial District; Judgment Affirmed. Banks, J., Not Participating. Appellant is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 93-CA-00678-SCT

Connor, Steve E., Earl Kessler, and Joe D. Townsley v. Three Rivers Planning and Development District, Inc. Appeal No. CV92110F from Judgment dated MARCH 29, 1993, Pontotoc County Circuit Court; Affirmed. Roberts and Mills, JJ., Not Participating. Appellant is taxed with all costs of this appeal.

EN BANC
89-R-99027-SCT

In Re: Mississippi Rules of Appellate Procedure DISPOSITION - On Court's own motion Rule 35A(c) of the Mississippi Rules of Appellate Procedure is repealed. Order entered. DISPOSITION - On Court's own motion Rule 35B of the Mississippi Rules of Appellate Procedure is amended to designate opinions for publication only on those cases meeting the requirements for publication as set out in Rules 35B(b) and (c) which are amended as are 35B(d) and (e). Order entered.

EN BANC
92-US-00542-SCT

Davis, Kenneth L. v. State of Mississippi Appeal No. F73 from Judgment dated MARCH 15, 1991, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Mandamus and Injunctive Relief filed by Davis denied without prejudice. Order entered. DISPOSITION - Motion to Stay the Setting of an Execution Date Pending Disposition of Petition for Writ of Mandamus denied without prejudice. Order entered.

EN BANC
92-CA-00678-SCT

Holmes, Steven Burl v. Dual Marine Company; Highlands Insurance Company; and F. A. Richard & Associates, Inc. Appeal No. 14637W4 from Judgment dated JUNE 29, 1992, Hinds County Chancery Court, First Judicial District; Joint Motion to Dismiss granted. Appellant and Appellees are taxed equally with all costs of this appeal. Order entered.

EN BANC
XX 92-CA-00950-SCT

Mask: IN RE: ESTATE OF JAMES HENRY MASK, DECEASED, JOHNNY MASK AND RICKY MASK, CO-EXECUTORS: Ricky Mask and Doris Joan Mask, Administratrix C.T.A. of the Estate of Johnny Mask v. Vera Elrod, Linda Trimble, Kathy Barnett Appeal No. 17554 from Judgment dated MAY 22, 1992, Pontotoc County Chancery Court; Reversed, Rendered and Remanded. Prather, P.J., Banks and Smith, JJ., Concur. Lee, C.J., Concurs in result only. Pittman, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J.; Roberts and Mills, JJ., Not Participating. Appellee is taxed with all costs of this appeal.

EN BANC
XX 92-KA-01308-SCT

Temple, Ollie v. State of Mississippi Appeal No. 4466 from Judgment dated DECEMBER 10, 1992, Newton County Circuit Court; Conviction of DUI manslaughter and Sentence of nine (9) years in the custody of the Mississippi Department of Corrections Affirmed. Banks, J., Prather, P.J., Pittman, Roberts, Smith and Mills, JJ., Concur. Sullivan, P.J., Dissents with Separate Written Opinion joined by Lee, C.J., and McRae, J. Newton County is taxed with all costs of this appeal.

EN BANC
92-CT-01331-SCT

Greenwood Public School District v. Dr. Duane F. Hurt Appeal No. 27171 from Judgment dated JANUARY 19, 1993, Leflore County Chancery Court; CONSOLIDATED WITH: 93-CT-00447-SCT Greenwood Public School District v. Dr. Duane F. Hurt; Appeal No. 27171 from Judgment dated JANUARY 19, 1993, Leflore County Chancery Court; DISPOSITION - Hurt's Petition for Writ of Certiorari denied. To Deny: Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J., and McRae, J. Not Participating: Pittman, J. Order entered.

EN BANC
93-CT-00447-SCT

Greenwood Public School District v. Dr. Duane F. Hurt Appeal No. 27171 from Judgment dated JANUARY 19, 1993, Leflore County Chancery Court; DISPOSITION - Hurt's Petition for Writ of Certiorari denied. To Deny: Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J., and McRae, J. Not Participating: Pittman, J. Order entered; CONSOLIDATED WITH: 92-CT-01331-SCT Greenwood Public School District v. Dr. Duane F. Hurt; Appeal No. 27171 from Judgment dated JANUARY 19, 1993, Leflore County Chancery Court.

EN BANC
93-CA-00168-SCT

Beasley, Larry T. v. Birney Imes, Jr., and Commercial Dispatch Publishing Company, Inc. Appeal No. 18689 from Judgment dated FEBRUARY 08, 1993, Lowndes County Circuit Court; Affirmed. Smith, J., Lee, C.J., Sullivan, P.J., Pittman, Banks, McRae, Roberts and Mills, JJ., Concur. Prather, P.J., Not Participating. Appellant is taxed with all costs of this appeal.

EN BANC
93-CA-00267-SCT

Ramsey, Jr., Sim and Eloise Ramsey v. Copiah Bank, N. A. Appeal No. 19149 from Judgment dated FEBRUARY 24, 1993, Copiah County Circuit Court; DISPOSITION - Motion for Rehearing denied. Pittman, J., Not Participating. DISPOSITION - Copiah Bank, N.A.'s Motion to Strike Appellant's Response to Appellee's Response to Appellant's Motion for Rehearing denied. Order entered.

EN BANC
93-CA-00414-SCT

Shepard, Delie Mae: IN THE MATTER OF THE ESTATE OF RODNEY SANDRELL STOWERS Deceased: Delie Mae Shepard v. Kierra Brachell Jones by and through her Mother and Next Friend, Telesia L. Jones Appeal No. 17659 from Judgment dated MARCH 22, 1993, Scott County Chancery Court; DISPOSITION - Motion for Rehearing denied.

EN BANC
93-CT-01022-SCT

Russell, Donnie v. State of Mississippi Appeal No. 8230 from Judgment dated JULY 22, 1993, Neshoba County Circuit Court; DISPOSITION - Russell's Petition for Writ of Certiorari denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J., and McRae, J. Order entered.

EN BANC
93-CT-01331-SCT

Miles, Bryant v. State of Mississippi Appeal No. 5705 from Judgment dated NOVEMBER 09, 1993, Coahoma County Court; DISPOSITION - State's Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Banks, McRae, Roberts, Smith and Mills, JJ. Not Participating: Pittman, J. Order entered.

EN BANC
94-CT-00582-SCT

Crechale, John Paul v. Robert John Crechale Appeal No. 146648 from Judgment dated JUNE 11, 1993, Hinds County Chancery Court, First Judicial District; DISPOSITION - John Paul Crechale's Petition for Writ of Certiorari denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. Not Participating: Lee, C.J. Order entered.

EN BANC
X 95-US-00001-SCT

Simon, Jr., Robert v. State of Mississippi Appeal No. 5105 from Judgment dated JULY 06, 1990, Quitman County Circuit Court; On change of venue to Jones County. Conviction of capital murder and Sentence of Life Imprisonment Affirmed. Conviction of Sexual Battery and Sentence of thirty years Affirmed. Conviction of Kidnapping and Sentence of thirty years Affirmed. Sentences to run consecutively. Mills, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts and Smith, JJ., Concur. Quitman County is taxed with all costs of this appeal.

EN BANC
95-CT-00091-SCT

Copelin, Sandra Jean v. Value Craft Furniture, Inc. Appeal No. CV93234 from Judgment dated JANUARY 06, 1995, Monroe County Circuit Court; DISPOSITION - Copelin's Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts and Smith, JJ. Not Participating: Mills, J. Order entered.

EN BANC
96-BD-00107-SCT

Mississippi Bar v. Attorney MM Appeal No. 96BD107 from Judgment dated FEBRUARY 12, 1996,; DISPOSITION - On Court's own motion, the Formal Complaint is taken under advisement in order to allow Attorney MM an opportunity to be heard before the Formal Complaint is finally considered. Show Cause Order entered.