Mississippi Supreme Court

Hand Down Lists
August 15, 1996

08/15/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
U 93-KP-00721-SCT

Smith, Eddie Ray v. State of Mississippi Appeal No. 16358 from Judgment dated JUNE 11, 1993, Forrest County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Forrest County is taxed with all costs of this appeal.


Michael P. Mills, J.
95-CA-00835-SCT

Back Bay Mission, Inc. v. City of Biloxi, Mississippi Appeal No. 950243 from Judgment dated JULY 26, 1995, Harrison County Special Court of Eminent Domain, Second Judicial District; Joint Motion to Dismiss Appeal granted. Appeal dismissed. Appellant and Appellee are taxed equally with all costs of this appeal. Order entered.


James W. Smith, J.
U 93-CA-00755-SCT

Neal, Rochester and Rosie Neal v. Billie Leon Welch and Cal Gas-East, Inc., a Corporation Appeal No. 923BY2 from Judgment dated JUNE 14, 1993, Yalobusha County Circuit Court, Second Judicial District; Affirmed. Appellants are taxed with all costs of this appeal.


James W. Smith, J.
U 93-KA-01461-SCT

Marshall, Eugene v. State of Mississippi Appeal No. 9354BP1 from Judgment dated DECEMBER 15, 1993, Panola County Circuit Court, First Judicial District; Conviction of murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Panola County is taxed with all costs of this appeal.


James W. Smith, J.
U 95-KA-00424-SCT

May, Winston a/k/a Jerrell W. May a/k/a Gerrell Winston May v. State of Mississippi CONSOLIDATED WITH: 91-KA-00367-SCT; Appeal No. PC14 from Judgment dated MARCH 21, 1995, Lawrence 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.
91-KA-00367-SCT

May, Winston a/k/a Jerrell W. May a/k/a Gerrell Winston May v. State of Mississippi CONSOLIDATED WITH: 95-KA-00424-SCT; Appeal No. PC14 from Judgment dated MARCH 21, 1995, Lawrence County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
U 93-KP-00880-SCT

Dallas, Bryce v. State of Mississippi Appeal No. 14210B from Judgment dated JUNE 21, 1993, Copiah County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Copiah County is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
92-KP-01293-SCT

Lanier, Johnny Rufus v. State of Mississippi Appeal No. 92CV158B from Judgment dated NOVEMBER 09, 1992, Lauderdale County Circuit Court; Appellant's Motion for Post-Conviction Relief dismissed as moot. Lauderdale County is taxed with all costs of this appeal. Order entered.


Lenore L. Prather, P.J.
X 94-CA-00435-SCT

Austin, James Randall v. John L. Padgett, Alan L. Padgett and Taxpro, Inc. Appeal No. 9273328 from Judgment dated APRIL 08, 1994, Hinds County Circuit Court, First Judicial District; Reversed and Remanded. Banks, J., Not Participating. Appellees are taxed with all costs of this appeal.


EN BANC
XX 07-KA-59203-SCT

King, James Albert, Hattie Ray King and Johnny Wayne King v. State of Mississippi Appeal No. 4727 from Judgment dated DECEMBER 10, 1987, Tallahatchie County Circuit Court, First Judicial District; DISPOSITION - Application for Leave to File Motion to Vacate Convictions and Sentences in Lower Court denied. Smith, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman and Roberts, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Banks, J.; Mills, J., Not Participating. DISPOSITION - Appellants' Motion for Leave to File a Response to the Respondent's Response to Applicant's Application for Leave to File a Motion to Vacate Conviction and Sentence in Trial Court denied. Order entered.


EN BANC
90-US-00515-SCT

Chase, Ricky v. State of Mississippi Appeal No. 13941 from Judgment dated FEBRUARY 28, 1990, Copiah County Circuit Court; DISPOSITION - Appellant's Motion for Appointment of Counsel denied. Banks, J., would grant. Pittman and McRae, JJ., Not Participating. Order entered.


EN BANC
XX 91-KA-00282-SCT

Bell, John E. v. State of Mississippi Appeal No. 10516P from Judgment dated OCTOBER 10, 1990, Warren County Circuit Court; Reversed and Remanded. Prather, P.J., Pittman, Banks, Roberts and Smith, JJ., Concur. Lee, C.J., and Mills, J., Concur in result only. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Warren County is taxed with all costs of this appeal.


EN BANC
91-KA-01243-SCT

Sanders, Mervin v. State of Mississippi Appeal No. 13732 from Judgment dated NOVEMBER 06, 1991, Pike County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., and McRae, J., would grant.


EN BANC
XX 92-KA-01127-SCT

Morgan, Daryl Leonard v. State of Mississippi Appeal No. CR92368 from Judgment dated OCTOBER 01, 1992, Lee County Circuit Court; COUNT I: Conviction of murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of armed robbery and Sentence of forty-five (45) years in the custody of the Mississippi Department of Corrections Affirmed. Sentence in Count II shall run consecutively with the sentence in Count I. Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion. Lee County is taxed with all costs of this appeal.


EN BANC
92-CA-01340-SCT

Stat-Medic Emergency Medical Services, Inc. v. Scott County Board of Supervisors Appeal No. 10238 from Judgment dated DECEMBER 17, 1992, Scott County Circuit Court; CONSOLIDATED WITH: 93-CA-00311-SCT Stat-Medic Emergency Medical Services, Inc. v. Scott County Board of Supervisors; Appeal No. 10238 from Judgment dated MARCH 26, 1993, Scott County Circuit Court; DISPOSITION - Motion for Rehearing denied. Lee, C.J., would grant.


EN BANC
93-CA-00311-SCT

Stat-Medic Emergency Medical Services, Inc. v. Scott County Board of Supervisors Appeal No. 10238 from Judgment dated MARCH 26, 1993, Scott County Circuit Court; DISPOSITION - Motion for Rehearing denied. Lee, C.J., would grant. CONSOLIDATED WITH: 92-CA-01340-SCT Stat-Medic Emergency Medical Services, Inc. v. Scott County Board of Supervisors; Appeal No. 10238 from Judgment dated DECEMBER 17, 1992, Scott County Circuit Court.


EN BANC
93-KA-00367-SCT

Wright, Thomas Earl v. State of Mississippi Appeal No. CK92035 from Judgment dated JANUARY 21, 1993, Calhoun County Circuit Court; DISPOSITION - Motion for Rehearing denied.


EN BANC
X 94-DP-00248-SCT

Brown, Joseph Patrick a/k/a "Peanut" v. State of Mississippi Appeal No. 9902 from Judgment dated MARCH 12, 1994, Adams County Circuit Court; Conviction of capital murder and Sentence of death Affirmed. Execution date to be set within sixty days of final disposition of this case pursuant to Miss. Code Ann., Section 99-19-105(7) (1972) and M.R.A.P. 41(a). Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Adams County is taxed with all costs of this appeal.


EN BANC
94-CT-00500-SCT

W. C. Fore Trucking, Inc. v. Mississippi Commission on Environmental Quality Appeal No. 102452 from Judgment dated APRIL 20, 1994, Harrison County Chancery Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by W. C. Fore Trucking, Inc., denied. To Deny: Lee, C.J., Prather, P.J., Pittman, Roberts, Smith and Mills, JJ. To Grant: Sullivan, P.J., Banks and McRae, JJ. Order entered. DISPOSITION - Petition for Writ of Certiorari filed by the Mississippi Commission on Environmental Quality denied. To Deny: Lee, C.J., Prather, P.J., Pittman, Roberts, Smith and Mills, JJ. To Grant: Sullivan, P.J., Banks and McRae, JJ. Order entered.


EN BANC
94-CC-00627-SCT

Mississippi Commission on Judicial Performance v. Robert G. Evans Appeal No. 92206 from Judgment dated JUNE 22, 1994, Commission on Judicial Performance; Affirmed. Robert G. Evans will be publicly reprimanded on September 25, 1996, at 9:30 a.m. Sullivan and Prather, P.JJ., Smith and Mills, JJ., Concur. Lee, C.J., Banks and Roberts, JJ., Dissent. Pittman and McRae, JJ., Not Participating. Evans is taxed with all costs of this appeal. Order entered.


EN BANC
95-CC-01270-SCT

Mississippi Commission On Judicial Performance v. Bill Anderson Appeal No. 94168 from Judgment dated DECEMBER 01, 1995, Commission on Judicial Performance; Affirmed. Bill Anderson will be publicly reprimanded and pay a fine of $500.00. Pittman, J., Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Not Participating. Anderson is taxed with all costs of this appeal. Order entered.


EN BANC
96-TS-00111-SCT

First Tower Loan, Inc. v. B. W. Curry, III and J. R. Curry Appeal No. 940049 from Judgment dated MARCH 27, 1996, Forrest County Chancery Court; DISPOSITION - Appellant's Motion for Injunction and for Stay Pending Appeal denied. To Deny: Lee, C.J., Prather, P.J., Roberts, Smith and Mills, JJ. To Grant: Banks, J. Not Participating: Sullivan, P.J., Pittman and McRae, JJ. Order entered.


EN BANC
96-M-00114-SCT

In Re: Kirk Fordice, As Governor of the State of M Appeal No. 941429 Jackson County Chancery Court; DISPOSITION - Motion for Leave to File Brief Amicus Curiae filed by the American College of Chest Physicians granted. Pittman and McRae, JJ., Not Participating. Order entered. DISPOSITION - Motion of Thirty-Eight Attorneys General for Leave to File a Brief Amicus Curiae granted. Pittman and McRae, JJ., Not Participating. Order entered. DISPOSITION - Petitioner's Motion to Allow Filing Within Terms of Original Order granted. Petitioner's reply brief will be considered as filed within the briefing deadlines of this Court's order of May 10, 1996. McRae and Mills, JJ., Not Participating. Order entered. DISPOSITION - Motion for Admission Pro Hac Vice filed by Jim Warren on behalf of Raymond D. Cotton granted. McRae and Mills, JJ., Not Participating. Order entered.


EN BANC
96-M-00285-SCT

Moody, Kenneth v. State of Mississippi Appeal No. 4369 Perry County Circuit Court; DISPOSITION - Appellant's Petition for Interlocutory Appeal to Adjudicate Defendant's Motion to Enforce Memorandum of Understanding granted. McRae, J., would deny. Pittman and Banks, JJ., Not Participating. Order entered.