Hand Down Lists
August 22, 1996
James W. Smith, J.
X 93-CA-00405-SCT
McCullough, Derwood v. Martin M. Cook
Appeal No. H93085 from Judgment dated MARCH 31, 1993, Chickasaw County Circuit Court, Second Judicial District; Reversed and Remanded for proceedings consistent with the Opinion of this Court. Prather, P.J., Roberts and Mills, JJ., Not Participating. Appellee is taxed with all cost of this appeal.
James W. Smith, J.
U 93-KA-00752-SCT
Hill, McArthur v. State of Mississippi
Appeal No. 8305 from Judgment dated JANUARY 09, 1992, Leake County Circuit Court; Conviction of murder and Sentence of life in the custody of the Mississippi Department of Corrections Affirmed. Appellant is taxed with all costs of this appeal.
James L. Roberts Jr., J.
U 93-KA-01182-SCT
Simmons, Charlie v. State of Mississippi
Appeal No. CR9303BP1 from Judgment dated OCTOBER 01, 1993, Panola County Circuit Court, First Judicial District; COUNT I: Conviction of manslaughter and Sentence of twenty (20) 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. Sentence in Count I is suspended pending future good behavior and shall run consecutively with the sentence in Count II. Appellant is given credit for 302 days jail time served. Panola County is taxed with all costs of this appeal.
Michael Sullivan, P.J.
X
92-KA-01058-SCT
Tran, Phuc Hoang v. State of Mississippi
Appeal No. 6999 from Judgment dated JULY 17, 1992, Harrison County Circuit Court, Second Judicial District; Reversed and Remanded. Pittman, Smith and Mills, JJ., Not Participating. Harrison County is taxed with all costs of this appeal.
Michael Sullivan, P.J.
U 93-CC-00069-SCT
Mississippi Highway Safety Patrol v. Robert T. McFadden
Appeal No. 9215274 from Judgment dated DECEMBER 18, 1992, Sunflower County Circuit Court; Affirmed. Roberts, J., Not Participating. Appellant is taxed with all costs of this appeal.
Michael Sullivan, P.J.
U 93-CA-00185-SCT
Sledge, Lois, Individually and as Mother and Natural Guardian of Sasha Sledge v. Bailey Evans
Appeal No. CV9219BT from Judgment dated OCTOBER 19, 1992, Tate County Circuit Court; Affirmed. Appellant is taxed with all costs of this appeal.
Michael Sullivan, P.J.
X
93-KA-00530-SCT
Hoops, Timothy v. State of Mississippi
Appeal No. 92100083 from Judgment dated FEBRUARY 05, 1992, Jackson County Circuit Court; COUNT I: Conviction of aggravated assault and Sentence of fifteen years in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of aggravated assault and Sentence of fifteen years in the custody of the Mississippi Department of Corrections Affirmed. Sentence in Count II shall run consectively with the sentence in Count I. Jackson County is taxed with all costs of this appeal.
Michael Sullivan, P.J.
U 93-KP-01302-SCT
Short, Robert v. State of Mississippi
Appeal No. 13463 from Judgment dated OCTOBER 27, 1993, Pike County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Pike County is taxed with all costs of this appeal.
Michael Sullivan, P.J.
U 93-KA-01342-SCT
Ashley, Robert Louis v. State of Mississippi
Appeal No. 14099 from Judgment dated NOVEMBER 12, 1993, Pike County Circuit Court; Conviction of unlawful possession of crack cocaine with intent to distribute and Sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections Affirmed. The last year of this sentence is suspended and the Appellant is placed on probation for a period of five (5) years under the supervision of the Probation and Parole Board and ordered to pay a fine in the amount of $2,500 and court costs. Appellant is taxed with all costs of this appeal.
Lenore L. Prather, P.J.
U 92-KP-00860-SCT
Sanders, Eugene v. State of Mississippi
Appeal No. 5951 from Judgment dated JUNE 17, 1992, Bolivar County Circuit Court, Second Judicial District; Lower Court's denial of Post-Conviction Relief Affirmed. Bolivar County is taxed with all costs of this appeal.
EN BANC
91-DP-01190-SCT
Jackson, Jr., Henry Curtis v. State of Mississippi
Appeal No. 21817 from Judgment dated SEPTEMBER 14, 1991, Leflore County Circuit Court; DISPOSITION - Appellant's Application for Leave to File Out-of-Time Petition for Rehearing and/or for Recall of the Mandate granted. The mandate is recalled. Appellant will have until August 20, 1996, to file the petition for rehearing with this Court in conformity with M.R.A.P. 32 and 40(b). Lee, C.J., McRae, Roberts and Smith, JJ., would deny. Order entered. DISPOSITION - Appellant's Motion for Stay of Execution granted. Appellant's execution is stayed pending this Court's disposition of appellant's petition for rehearing. Lee, C.J., and McRae, J., would deny. Order entered.
EN BANC
XX
92-CA-00052-SCT
Regency Nissan, Inc. v. William H. Jenkins and Embers Wholesale Automobiles, Inc.
Appeal No. 38201 from Judgment dated OCTOBER 01, 1991, Hinds County Circuit Court, First Judicial District; Motion for Rehearing granted. Affirmed in part; Reversed and Remanded in part. Banks, J., Prather and Sullivan, P.JJ., Pittman, Roberts and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined in part by Lee, C.J.; Mills, J., Not Participating.
EN BANC
92-CT-00606-SCT
Marshall, David Gaston v. State of Mississippi
CONSOLIDATED WITH: 92-CT-00909-SCT; Appeal No. 26317 from Judgment dated APRIL 29, 1992, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by David Gaston Marshall denied. To Deny: Lee, C.J., Prather, P.J., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. To Grant: Sullivan, P.J. Order entered.
EN BANC
92-CT-00909-SCT
Marshall, David Gaston v. State of Mississippi
CONSOLIDATED WITH: 92-CT-00606-SCT Appeal No. 26317 from Judgment dated APRIL 29, 1992, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by David Gaston Marshall denied. To Deny: Lee, C.J., Prather, P.J., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. To Grant: Sullivan, P.J. Order entered.
EN BANC
93-CA-00621-SCT
Nichols, Milton, Perry Bowland, T. D. Doddridge, George Gillespie, and Gene Phillips v. Steve Patterson
Appeal No. 9066242 from Judgment dated APRIL 04, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Pittman, J., Not Participating.
EN BANC
93-CT-01428-SCT
Torns, Jr., Charles a/k/a Charles Torns v. State of Mississippi
Appeal No. 90209601 from Judgment dated OCTOBER 08, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Charles Torns, Jr., denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Roberts, Smith and Mills, JJ. To Grant. Lee, C.J., Banks and McRae, JJ. Order entered.
EN BANC
94-CT-00049-SCT
Application Data Systems, Inc., A Mississippi Corporation, Corporately and for the Use and Benefit of the City of Hattiesburg, Mississippi v. Paul Rowell, John Holton, John Buckley, Scott Farris, Charles E. Lawrence, Jr., J. Ed Morgan, Providence Washington Insurance Company, Midland Information Systems, J&J Accounting and Computer Sales, D. Bannerman and Company, Diversified Computer Systems,
Appeal No. 52350 from Judgment dated NOVEMBER 30, 1993, Forrest County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Application Data Systems, Inc., a Mississippi Corporation, Corporately and for the use and benefit of the City of Hattiesburg, Mississippi, denied. To Deny: All Justices. Order entered.
EN BANC
94-IA-00166-SCT
McMillan, Dr. Beverly A. and Mississippi Baptist Medical Center v. Thomas D. Puckett and Tamara L. Puckett, Individually and on Behalf of the Wrongful Death Heirs of Sandra L. Puckett, Deceased
Appeal No. 2981 from Judgment dated AUGUST 16, 1993, Leake County Circuit Court; DISPOSITION - Motion for Rehearing denied. Lee, C.J., Prather, P.J., Banks and Smith, JJ., would grant.
EN BANC
94-CT-00212-SCT
Collins, Ronnie C. v. April Collins; Lacora Collins; Ronnie Tyrone Collins; Vakerri Cooks; and Shaletta Cooks, by and through their Guardian and Next Friend, Edna B. Rupert
Appeal No. A3446 from Judgment dated JANUARY 07, 1994, Clarke County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Ronnie C. Collins denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Order entered.
EN BANC
94-CT-00719-SCT
LATCO, Inc. v. Magnolia Forest Products, Inc.
Appeal No. 9377257 from Judgment dated JULY 12, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by LATCO, Inc., granted. To Grant: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae and Smith, JJ. To Deny: Roberts and Mills, JJ. Order entered.
EN BANC
94-CT-00802-SCT
Mississippi Management, Inc., Holiday Inn Franchise Owners (Group #2), and Orlando Plaza Suite Hotel, Ltd.-A v. Federal Insurance Company
Appeal No. 38108 from Judgment dated JULY 20, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Mississippi Management, Inc., denied. To Deny: All Justices. 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 - Petitioner's Motion for Special Relief denied. Pittman, J., would grant. Prather, P.J., absent. McRae and Mills, JJ., Not Participating. Order entered.
EN BANC
96-M-00115-SCT
In Re: Corr-Williams Tobacco Company, Laurel Cigar & Tobacco Company, Long Wholesale, Incorporated, Wigley & Culp, Inc. of Gulfport, Mississippi, The Lewis Bear Company, Generic Products Corporation, The American Tobacco Company, R. J. Reynolds Tobacco Co
Appeal No. 941429 Jackson County Chancery Court; DISPOSITION - Liggett Group, Inc.'s Notice of Withdrawal from Petition for Writ of Prohibition and/or Mandamus granted. Liggett Group, Inc. is withdrawn as a petitioner in this matter. McRae and Mills, JJ., Not Participating. Order entered. DISPOSITION - Motion for Leave to Substitute Certified Record Excerpts filed by Petitioners granted. McRae and Mills, JJ., Not Participating. Order entered. DISPOSITION - Petitioners' Motion for Replacement of Recused Justice denied. Pittman, J., would grant. Prather, P.J., absent. McRae and Mills, JJ., Not Participating. Order entered.
EN BANC
96-M-00142-SCT
General Motors Acceptance Corporation v. Helen Ruth Smith, Irene Hall, Betty O. Riordan Hall, Elgia Clayton, Rose Tofer, Billy Myrick, Junior Myrick and Tommy Barnes
Appeal No. 18854 Simpson County Circuit Court; AND: 96-M -00173-SCT Lowery-Sullivan Motors, Inc. v. Helen Ruth Smith, Irene Hall, Betty O. Riordan Hall, Elgia Clayton, Rose Tofer, Billy Myrick, Junior Myrick and Tommy Barnes; Appeal No. 19329 Simpson County Circuit Court; DISPOSITION - Petitions for interlocutory appeal filed by GMAC and Lowery-Sullivan denied. The stay of proceedings in the lower court is not warranted and is denied. Lee, C.J., Smith and Roberts, JJ., would grant. Sullivan, P.J., and Pittman, J., Not Participating. Order entered.
EN BANC
96-M-00173-SCT
Lowery-Sullivan Motors, Inc. v. Helen Ruth Smith, Irene Hall, Betty O. Riordan Hall, Elgia Clayton, Rose Tofer, Billy Myrick, Junior Myrick and Tommy Barnes
Appeal No. 19329 Simpson County Circuit Court; DISPOSITION - Petitions for interlocutory appeal filed by GMAC and Lowery-Sullivan denied. The stay of proceedings in the lower court is not warranted and is denied. Lee, C.J., Smith and Roberts, JJ., would grant. Sullivan, P.J., and Pittman, J., Not Participating. Order entered. AND: 96-M -00142-SCT General Motors Acceptance Corporation v. Helen Ruth Smith, Irene Hall, Betty O. Riordan Hall, Elgia Clayton, Rose Tofer, Billy Myrick, Junior Myrick and Tommy Barnes; Appeal No. 18854 Simpson County Circuit Court.