Mississippi Supreme Court

Hand Down Lists
August 26, 1999

08/26/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W., Jr.
X 98-KA-00397-SCT

Cross, Curtis Lynn v. State of Mississippi Washington Circuit Court; LC Case#: 24644; Ruling Date: 01/16/1998; Ruling Judge: Shirley Byers Majority Opinion:Smith, J.; Disposition: Count I: Conviction of attempted rape and sentence of eight (8) years in the custody of the Mississippi Department of Corrections, three (3) years suspended; three (3) years supervised probation upon release from the Mississippi Department of Corrections; pay $500.00 to the Crime Victims Relief Fund and all other assessed costs and fees, affirmed. Washington County taxed with costs of appeal.; Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Mills, J., Waller, J., Cobb, J., Concur.


Sullivan, Michael
XX 97-IA-00748-SCT

Smith County School District; and J. C. Allen in His Capacity as Smith County Superintendent of Education v. Ernestine McNeil Smith Circuit Court; LC Case#: 960185; Ruling Date:; Ruling Judge: Robert Evans; COSOLIDATED WITH: 98-CA-00411-SCT Ernestine McNeil v. Smith County School District; and J. C. Allen in His Capacity as Smith County Superintendent of Education Smith Circuit Court; LC Case#: 960185; Ruling Date: 02/20/1998; Ruling Judge: Robert Evans Majority Opinion:Sullivan, P.J.; Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal.; Votes: Prather, C.J., Pittman, P.J., Banks, J., McRae, J., Waller, J., Cobb, J., Concur.; Concurring Opinion:Smith, J.; Votes: Mills, J., Waller, J., Cobb, J., Join.


EN BANC
89-R-99025-SCT

In Re: Uniform Rules of Circuit and County Courts LC Case#: Ruling Date: Ruling Judge: ; Disposition: On petitions of Justices Fred L. Banks, Jr. and William L. Waller, Jr., Rule 7.06 of the Uniform Rules of Circuit and County Court Practice is amended to read as set forth in Exhibit "A" to this order. The Clerk of the 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 Southern Reporter (Mississippi Edition) and in the Mississippi Rules of Court. Sullivan, P.J., Not Participating. Order entered.


EN BANC
89-R-99025-SCT

In Re: Uniform Rules of Circuit and County Courts LC Case#: Ruling Date: Ruling Judge: ; Disposition: On Court's own motion, Rule 6.02 of the Uniform Rules of Circuit and County Court Practice is amended as set forth in Exhibit "A" 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 Southern Reporter, Second Series (Mississippi Edition) and in the Mississippi Rules of Court. Sullivan, P.J., Not Participating. Order entered.


EN BANC
89-R-99027-SCT

In Re: Mississippi Rules of Appellate Procedure LC Case#: Ruling Date: Ruling Judge: ; Disposition: On Court's own motion, Rule 27(f) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" 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 Southern Reporter (Mississippi Edition) and in the Mississippi Rules of Court. Sullivan, P.J., Not Participating. Order entered.


EN BANC
XXX 96-CT-00949-SCT

Payton, Henry a/k/a Henry C. Payton v. State of Mississippi Leake Circuit Court; LC Case#: 8474; Ruling Date: 05/17/1996; Ruling Judge: Marcus Gordon Majority Opinion: Sullivan, P.J.; Disposition: Reversed and Remanded. Leake County taxed with costs of appeal.; Votes: Prather, C.J., Pittman, P.J., Banks, J., McRae, J., Mills, J., Cobb, J., Concur.; Dissenting Opinion:Smith, J.; Votes: Waller, J., Joins.


EN BANC
96-CT-00972-SCT

Pool, Johnny v. State of Mississippi Jones Circuit Court 1st District; LC Case#: 1563; Ruling Date: 08/27/1996; Ruling Judge: Robert Evans; Disposition: Petition for Writ of Certiorari filed by Pool, denied. To Deny: All Justices. Order entered.


EN BANC
X 90-CA-00846-SCT

Columbus Hotel Company, a Delaware Corporation v. Elmer Pierce, Jr., Charles N. White d/b/a El Ark, Inc., an Arkansas Corporation, Kenneth L. Smotherman, and Edwin C. Mauck , First Federal Bank for Savings, and The City of Columbus, Mississippi Lowndes Chancery Court; LC Case#: 23393; Ruling Date: 05/08/1990; Ruling Judge: W. Bearden, Jr. CONSOLIDATED WITH: 97-CA-00114-SCT Edwin C. Mauck and Kenneth L. Smotherman v. Columbus Hotel Company, a Delaware Corporation, First Federal Bank for Savings and The City of Columbus, Mississippi Lowndes Chancery Court; LC Case#: 23393; Ruling Date: 09/30/1996; Ruling Judge: Dorothy Colom Majority Opinion:Banks, J.; Disposition: The motions for rehearing on behalf of First Federal Bank and the City of Columbus are granted. The motion for rehearing on behalf of Columbus Hotel Company is denied. The opinions and order granting attorney fees on appeal previously issued by this Court are withdrawn and this opinion is substituted therefor. Affirmed and Remanded. Edwin C. Mauck and Kenneth L. Smotherman taxed with all costs of this appeal.; Votes: Sullivan, P.J., Pittman, P.J., Smith, J., Waller, J., Cobb, J., Concur. McRae, J., Dissents Without Separate Written Opinion. Prather, C.J., Mills, J., Not Participating.; Disposition: Appellants' Motion under Rule 27 or motion for clarification, granted.


EN BANC
97-CT-00806-SCT

IN THE MATTER OF THE ESTATE OF COLEMAN, WILLIE L., Deceased: Margaret M. Galle v. Sandra Faye McVey and Melvin L. McVey Jackson Chancery Court; LC Case#: 952328; Ruling Date: 05/16/1997; Ruling Judge: William Myers; Disposition: Petition for Writ of Certiorari filed by Galle, denied. To Deny: All Justices. Order entered.


EN BANC
97-CT-00839-SCT

Jones, Eric v. State of Mississippi Pike Circuit Court; LC Case#: 970097; Ruling Date: 06/20/1997; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by Eric Jones, denied. To Deny: All Justices. Order entered.


EN BANC
97-CT-00898-SCT

Rawson, Jimmy J. v. Kansas City Southern Railway Company, a Corporation, and MidSouth Rail Corporation, a Corporation Lauderdale Circuit Court; LC Case#: 94CV097; Ruling Date: 07/02/1997; Ruling Judge: Larry Roberts; Disposition: Petition for Writ of Certiorari filed by Rawson, denied. To Deny: Prather, C.J., Pittman, P.J., Smith, Mills, Waller and Cobb, JJ. To Grant: Sullivan, P.J., Banks and McRae, JJ. Order entered.


EN BANC
X 97-CA-01040-SCT

Demyers, William L. v. Lillemor Demyers Hinds Chancery Court 1st District; LC Case#: G951099; Ruling Date: 06/02/1997; Ruling Judge: Stuart Robinson Majority Opinion:Prather, C.J.; Disposition: Motion for rehearing, denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed. Appellant taxed with costs of appeal.; Votes: Sullivan, P.J., Pittman, P.J., Banks, J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur. McRae, J., Dissents Without Separate Written Opinion.


EN BANC
97-CT-01122-SCT

Cannon, Annie v. Mid-South X-Ray Company and E. I. Dupont De Nemours & Company and John Does I-V Hinds Circuit Court 1st District; LC Case#: 95711CIV; Ruling Date: 08/11/1997; Ruling Judge: L. Hilburn, Jr.; Disposition: Joint petition of appellees for writ of certiorari filed by Mid-South X-Ray Company and E. I. Dupont De Nemours & Company, denied. To Deny: Prather, C.J., Sullivan, P.J., Banks, McRae, Smith, Mills, Waller and Cobb, JJ. Not Participating; Pittman, P.J. Order entered.


EN BANC
97-CT-01342-SCT

Crist, Anthony v. Peggy Crist Lawrence Warren Chancery Court; LC Case#: 960414GN; Ruling Date: 08/21/1997; Ruling Judge: Vicki Barnes; Disposition: Petition for Writ of Certiorari filed by Lawrence, denied. To Deny: Prather, C.J., Sullivan and Pittman P.JJ., McRae, Smith, Mills and Cobb, JJ. To Grant: Banks and Waller, JJ. Order entered.


EN BANC
97-CT-01449-SCT

Parker, Christopher a/k/a Christopher Braxton Parker v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 97204; Ruling Date: 08/19/1997; Ruling Judge: Kosta Vlahos; Disposition: Petition for writ of certiorari filed by Christopher Parker, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., McRae, Smith, Waller and Cobb, JJ. To Grant: Banks and Mills, JJ. Order entered.


EN BANC
97-CT-01512-SCT

McKnight, Michael Eugene v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 9600354; Ruling Date: 10/21/1997; Ruling Judge: Robert Walker; Disposition: Petition for Writ of Certiorari filed by McKnight, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., and McRae, Smith, Mills and Cobb, JJ. To Grant: Banks and Waller, JJ. Order entered.


EN BANC
97-CT-01513-SCT

Lee, Brian a/k/a Brian Neill Lee a/k/a "Neill Lee" a/k/a "Moonshadow" v. State of Mississippi Forrest Circuit Court; LC Case#: 19216; Ruling Date: 11/10/1997; Ruling Judge: W. O'Barr, Jr.; Disposition: Petition for writ of certiorari filed by Brian Lee, granted. To Grant: Prather, C.J., Sullivan, P.J., Banks, McRae and Mills, JJ. To Deny: Smith, Waller and Cobb, JJ. Not Participating: Pittman, P.J. Order entered.


EN BANC
97-CT-01541-SCT

Bennett, Derrick v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 96259; Ruling Date: 10/15/1997; Ruling Judge: W. Yerger; Disposition: Petition for Writ of Certiorari filed by Bennett, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Smith, Mills, Waller and Cobb, JJ. To Grant: McRae, J. Order entered.


EN BANC
XXX 98-KA-00047-SCT

Wolfe, Freddie Lee a/k/a Freddie Lee Wolfe, Jr. v. State of Mississippi Yazoo Circuit Court; LC Case#: 8235; Ruling Date: 12/11/1997; Ruling Judge: Jannie Lewis Majority Opinion:Cobb, J.Disposition: Reversed and Remanded. Yazoo County taxed with costs of appeal.; Votes: Prather, C.J., Pittman, P.J., Waller, J., Concur. Smith, J., Not Participating.; Concurring in Part and Dissenting in Part Opinion:Banks, J.; Votes: Mills, J., Joins.; Concurring in Part and Dissenting in Part Opinion:McRae, J.; Votes: Sullivan, P.J., Joins.