Mississippi Supreme Court

Hand Down Lists
August 08, 1996

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

James W. Smith, J.
U 93-CC-00811-SCT

Thomas, Joseph, Dependent of Peggy Thomas, Deceased v. United States Corrulite Corp. and Insurance Company of North America Appeal No. 8021 from Judgment dated JUNE 11, 1993, Montgomery County Circuit Court; Judgment Affirmed. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
U 93-KA-01214-SCT

Cotting, John H. v. City of Jackson Appeal No. 931015 from Judgment dated SEPTEMBER 23, 1993, Hinds County Circuit Court, First Judicial District; Conviction of driving under the influence and Sentenced to pay fine of $400.00 plus court costs and to serve 24 hours jail time, which has been suspended, and completion of MASEP Affirmed. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
U 93-CA-01341-SCT

Smith, Bert v. State of Missouri-Frisella Brown Appeal No. HS758 from Judgment dated NOVEMBER 12, 1993, Washington County Chancery Court; Judgment Affirmed. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
U 94-KP-00225-SCT

Carbin, Christopher a/k/a Christopher James Carbin v. State of Mississippi Appeal No. 7261 from Judgment dated JANUARY 05, 1994, Tate County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Tate County is taxed with all costs of this appeal.

James W. Smith, J.
U 94-CA-00396-SCT

McGuirt, Redell v. State of Mississippi, Ex Rel., Office of the District Attorney and The North Mississippi Narcotics Unit Appeal No. C93135 from Judgment dated APRIL 01, 1994, Calhoun County Circuit Court; Judgment Affirmed. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
U 95-KP-00561-SCT

Terrell, Oscar Tyrone v. State of Mississippi Appeal No. 25195350 from Judgment dated MAY 09, 1995, Hinds County Circuit Court, First Judicial District; Lower Court's denial of Post-Conviction Relief Affirmed. Hinds County is taxed with all costs of this appeal.

James W. Smith, J.
95-KA-00581-SCT

Gaddis, James Monroe v. State of Mississippi Appeal No. 903184 from Judgment dated MAY 09, 1995, Harrison County Circuit Court, Second Judicial District; Appellant's motion for post-conviction relief Affirmed. Appellant is taxed with all costs of this appeal. Order entered.

Chuck McRae, J.
U 93-KA-00516-SCT

Morgan, Eric B. v. State of Mississippi Appeal No. CR9228CY2 from Judgment dated APRIL 14, 1993, Yalobusha County Circuit Court, Second Judicial District; Conviction of simple robbery and Sentence of seven (7) years in the custody of the Mississippi Department of Corrections Affirmed. Yalobusha County is taxed with all costs of this appeal.

Chuck McRae, J.
U 93-KA-00659-SCT

Rice, Roger v. State of Mississippi Appeal No. 92524CR1 from Judgment dated MAY 21, 1993, Lowndes County Circuit Court; COUNT I: Conviction of capital rape and Sentence of life imprisonment in the custody of Mississippi Department of Corrections Affirmed. COUNT II: Conviction of exploitation of a child and Sentence of twenty (20) years in the custody of the Mississippi Department of Corrections Affirmed. Sentence in Count II shall run concurrently with the sentence in Count I. Lowndes County is taxed with all costs of this appeal.

Chuck McRae, J.
X 94-KP-00931-SCT

Vice, Coda L. a/k/a Coda Lloyd Vice v. State of Mississippi Appeal No. 539 from Judgment dated JULY 12, 1994, Jackson County Circuit Court; Lower Court's denial of post conviction relief Affirmed. Mills, J., Concurs in result only. Jackson County is taxed with all costs of this appeal.

Edwin Lloyd Pittman, J.
U 93-KA-00916-SCT

Price, Robert v. State of Mississippi Appeal No. 4231 from Judgment dated JULY 09, 1993, Tunica County Circuit Court; Lower Court's Denial of Post-Conviction Relief Affirmed. Tunica County is taxed with all costs of this appeal.

Edwin Lloyd Pittman, J.
U 93-KA-01393-SCT

Neal, Jim v. State of Mississippi Appeal No. 93CV176 from Judgment dated NOVEMBER 23, 1993, Lauderdale County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Lauderdale County is taxed with all costs of this appeal.

Lenore L. Prather, P.J.
XX 93-CC-00605-SCT

Inman, Peter Noel v. Coca-Cola/Dr. Pepper Bottling Company of Memphis, Tennessee and National Union Fire Insurance Company of Pittsburgh, PA Appeal No. 9273260 from Judgment dated APRIL 22, 1993, Hinds County Circuit Court, First Judicial District; On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. McRae, J., Dissents with Separate Written Opinion. Mills, J., Not Participating. Appellant is taxed with all costs of this appeal.

Dan M. Lee, C.J.
U 92-CA-01075-SCT

Dolgencorp, Inc. v. Della Andrews Appeal No. 20588 from Judgment dated AUGUST 11, 1992, Harrison County Circuit Court, First Judicial District; Affirmed. Appellant is taxed with all costs of this appeal.

Dan M. Lee, C.J.
U 93-KP-00506-SCT

Gentry, James W. "Pete" v. State of Mississippi Appeal No. 5150 from Judgment dated APRIL 16, 1993, Quitman County Circuit Court; Lower Court's denial of post conviction relief Affirmed. Quitman County is taxed with all costs of this appeal.

Dan M. Lee, C.J.
XX 93-IA-00569-SCT

Jones, Jr., IN THE MATTER OF THE ESTATE OF: SAMUEL OTTO JONES, JR. Sandra Jones Penalver, Individually and as Administratrix of the Estate of Samuel Otto Jones, Jr., deceased, Carol Ann Jones Mangum and Judy Mae Jones Kackley v. Sharon Browder Howell, Natural Mother and Natural Guardian of Samuel Clinton Howell Appeal No. 21418 from Judgment dated MAY 06, 1993, Warren County Chancery Court; Affirmed. McRae, J., Dissents with Separate Written Opinion joined by Roberts and Smith, JJ. Appellants are taxed with all costs of this appeal.

EN BANC
90-KA-00466-SCT

Walton, Joseph v. State of Mississippi Appeal No. 8441 from Judgment dated DECEMBER 11, 1989, Marshall County Circuit Court; DISPOSITION - Motion for Rehearing denied. Prather and Sullivan, P.JJ., Banks and McRae, JJ., would grant.

EN BANC
91-KA-00756-SCT

Lucas, Jimmy v. State of Mississippi Appeal No. 8412 from Judgment dated JULY 31, 1991, Wayne County Circuit Court; DISPOSITION - Motion for Rehearing denied.

EN BANC
XX 92-KA-00475-SCT

Hunt, Tina Marie v. State of Mississippi Appeal No. 8799 from Judgment dated DECEMBER 04, 1991, Marshall County Circuit Court; Conviction of murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Prather, P.J., Lee, C.J., Roberts, Smith and Mills, JJ., Concur. Sullivan, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Pittman, Banks and McRae, JJ. Marshall County is taxed with all costs of this appeal.

EN BANC
X 92-KA-00601-SCT

Neal, Howard Monteville v. State of Mississippi Appeal No. PC6 from Judgment dated MAY 21, 1992, Lawrence County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Roberts, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Smith and Mills, Concur. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.

EN BANC
XX 92-CA-00823-SCT

Griffin, Jr., Aubrey C. v. Pamela G. Nicolas Armana Appeal No. 1405413 from Judgment dated JUNE 05, 1992, Hinds County Chancery Court, First Judicial District; Reversed and Rendered in Part; Reversed and Remanded in Part. Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts and Mills, JJ., Concur. Banks, J., Dissents with Separate Written Opinion joined by McRae and Smith, JJ. Appellee is taxed with all costs of this appeal.

EN BANC
XX 92-CA-01253-SCT

Kinard, Robert L. v. Ralph Morgan Appeal No. 90CV078B from Judgment dated NOVEMBER 09, 1992, Lauderdale County Circuit Court; Reversed and Remanded. Pittman, J., Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion. Appellee is taxed with all costs of this appeal.

EN BANC
93-CA-00235-SCT

Robertson, Oscar Harold and Pauline Robertson v. Toby Dombroski Appeal No. 23787 from Judgment dated FEBRUARY 19, 1993, Marion County Chancery Court; DISPOSITION - Motion for Rehearing denied.

EN BANC
93-CA-00265-SCT

Holland, Jr., Dr. J. Shelvey v. Dr. Verne R. Kennedy, Thomas G. Hood, Dr. Norman H. McCrummen, III, and Belhaven College Appeal No. 28228 from Judgment dated OCTOBER 26, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied.

EN BANC
93-CA-01255-SCT

McCoy, Kenneth W. v. Lillye Duncan (Paseur) McCoy, Joe Nathan McCoy and Richard D. McCoy Appeal No. 92417 from Judgment dated OCTOBER 05, 1993, Tippah County Chancery Court; DISPOSITION - Motion for Rehearing denied.

EN BANC
93-CT-01373-SCT

Bennett, Robert A. and wife, Mary Alice Bennett v. Sawyer Real Estate, Inc. of Mississippi, Lenwood S. Sawyer, Jr., Real Estate Broker and Waffle House, Inc., A Georgia Corporation Appeal No. 18801 from Judgment dated OCTOBER 25, 1993, Harrison County Chancery Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Sawyer Real Estate, Inc. of Mississippi and Lenwood S. Sawyer, Jr., and Real Estate Broker denied. To Deny: Prather and Sullivan, P.JJ., Banks, McRae, Roberts, Smith and Mills, JJ. To Grant: Pittman, J. Not Participating: Lee, C.J. Order entered.

EN BANC
94-CT-00008-SCT

Moore, Kenny, Individually, d/b/a Moore's Auto Service Center v. Arthur R. Jacobs Appeal No. 12355 from Judgment dated JULY 16, 1993, Marion County Circuit Court; DISPOSITION - Moore's Petition for Writ of Certiorari denied. To Deny: All Justices. Order entered.

EN BANC
XXX 94-CC-00453-SCT

Mississippi Commission On Judicial Performance v. Floyd Dodds Appeal No. 92217 from Judgment dated MAY 13, 1994, Commission on Judicial Performance; Affirmed. PARTS I AND II: Banks, J., Prather and Sullivan, P.JJ., Pittman and Smith, JJ., Concur. Lee, C.J., Dissents with Separate Written Opinion joined by Roberts, J. PART III: Sullivan, P.J., Lee, C.J., Prather, P.J., Pittman, Roberts and Smith, JJ., Concur. Banks, J., Dissents with Separate Written Opinion. McRae and Mills, JJ., Not Participating. Floyd Dodds is taxed with all costs of this appeal. DISPOSITION - Petition for Interim Suspension of Justice Court Judge Floyd Dodds denied as moot. Order entered.

EN BANC
94-CT-00849-SCT

Rummel, Herb a/k/a Herbert Thomas Rummel v. City of Brandon Appeal No. 4316 from Judgment dated AUGUST 16, 1994, Rankin County Circuit Court; DISPOSITION - Rummel's Petition for Writ of Certiorari denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts and Mills, JJ. To Grant: Lee, C.J. Not Participating: Smith, J. Order entered.

EN BANC
95-US-00001-SCT

Simon, Jr., Robert v. State of Mississippi Appeal No. 5105 from Judgment dated JULY 06, 1990, Quitman County Circuit Court; DISPOSITION - Appellant's Motion for Ruling on Double Jeopardy Claim is moot. Order entered.