Mississippi Supreme Court

Hand Down Lists
September 04, 1997

09/04/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Chuck McRae, J.
U 95-KP-00485-SCT

Birkley, Dorothy Ann v. State of Mississippi Appeal No. 9413145 from Judgment dated NOVEMBER 10, 1994, Washington County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Pittman, J., Not Participating. Washington County is taxed with all costs of this appea


Chuck McRae, J.
U 96-KP-00275-SCT

Eason, Jeffery v. State of Mississippi Appeal No. 13198 from Judgment dated APRIL 01, 1996, Copiah County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Copiah County is taxed with all costs of this appeal. DISPOSITION - Appellant's Motions for Leave to Supplement the Trial Records and the Motion for Production of Documents denied. Order entered


Fred L. Banks, J.
U 94-KA-01215-SCT

Williams, Alvin v. State of Mississippi Appeal No. 9327931 from Judgment dated JULY 01, 1994, Harrison County Circuit Court, First Judicial District; COUNT I: Conviction of capital rape and Sentence of life imprisonment Affirmed. COUNT II: Conviction of sexual battery and Sentence of thirty (30) years in the custody of the Mississippi Department of Corrections Affirmed. Sentences shall run consecutively without hope of parole or probation. Lee, C.J., Concurs in result only. Harrison County is taxed with all costs of this appeal


Edwin Lloyd Pittman, J.
U 96-KA-00029-SCT

Harris, Jr., Charles a/k/a Charlie Harris, Jr. v. State of Mississippi Appeal No. 3337 from Judgment dated JUNE 30, 1995, Harrison County Circuit Court, Second Judicial District; Lower Court's denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Appellant is taxed with all costs of this appeal


Edwin Lloyd Pittman, J.
U 96-CA-00636-SCT

Bishop, Carl A. v. Edith Bishop Appeal No. 950150 from Judgment dated MAY 31, 1996, Union County Chancery Court; Affirmed in Part as to the divorce granted; Reversed and Remanded in Part as to economic matters. Roberts, J., Concurs in result only. Appellee is taxed with all costs of this appeal


Michael Sullivan, P.J.
U 93-CA-01368-SCT

Williams, George Executor of the Estate of Charles M. Williams, Deceased; George Williams, Individually, and Mary Williams v. Joe Sam Owen Appeal No. 90656 from Judgment dated NOVEMBER 01, 1993, Harrison County Chancery Court, First Judicial District; Reversed and Rendered. Lee, C.J., Not Participating. Appellee is taxed with all costs of this appeal. DISPOSITION - The Estate of Charles Williams' Motion to Strike Portions of Appellee's Brief, to Designate Certain Portions of the Record as Confidential and to Expunge Certain "Obiter Dictum" Remarks of the Trial Judge denied. Order entered


Michael Sullivan, P.J.
U 95-KA-01170-SCT

Keyes, Ronnie a/k/a Ronnie David Keyes v. State of Mississippi Appeal No. 9400069 from Judgment dated MAY 30, 1995, Harrison County Circuit Court, First Judicial District; Reversed and Rendered. McRae, J., Not Participating. Harrison County is taxed with all costs of this appeal


Michael Sullivan, P.J.
U 96-CA-00349-SCT

Walker, Wilma v. Harry Sartin Appeal No. 950199 from Judgment dated NOVEMBER 03, 1995, Jefferson Davis County Chancery Court; Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal


Michael Sullivan, P.J.
U 96-CC-00355-SCT

Georgia-Pacific Corporation v. Robert Lee Harris Appeal No. 950050 from Judgment dated JANUARY 31, 1996, Jasper County Circuit Court, Second Judicial District; Lower court's order to remand the case to the Workers' Compensation Commission Affirmed. Lee, C.J., Concurs in result only. Smith, J., Not Participating. Appellant is taxed with all costs of this appeal


Dan M. Lee, C.J.
U 94-KP-00706-SCT

Whitlock, Robert Wallace v. State of Mississippi Appeal No. 26325 from Judgment dated APRIL 19, 1994, Harrison County Circuit Court, First Judicial District; Denial of Post-Conviction Relief Affirmed. Harrison County is taxed with all costs of this appeal


Dan M. Lee, C.J.
U 95-CA-00114-SCT

Kirkland, Lila Jo v. Billy D. Kirkland Appeal No. 941746 from Judgment dated DECEMBER 30, 1994, Jackson County Chancery Court; Affirmed. Pittman, J., Concurs in result only. Appellant is taxed with all costs of this appeal


EN BANC
XX 92-KA-00877-SCT

Booker, John Earl v. State of Mississippi Appeal No. 6786 from Judgment dated FEBRUARY 16, 1990, Tate County Circuit Court CONSOLIDATED WITH: 93-DP-00671-SCT John Earl Booker v. State of Mississippi


EN BANC
93-DP-00671-SCT

Booker, John Earl v. State of Mississippi Appeal No. UNKNOWN from Judgment dated JULY 27, 1981, Tallahatchie County Circuit Court, First Judicial District; On change of venue to Tate County. Decision of trial court Denying Post-Conviction Relief on guilt phase issues is Reversed and Remanded for further consideration. Death sentence reversed, to be remanded for resentencing trial pending outcome of Petition for Relief from Guilty Plea. Banks, J., Prather and Sullivan, P.JJ., and Pittman, J., Concur. McRae, J., Concurs in result only. Smith, J., Dissents with Separate Written Opinion joined by Lee, C.J., Roberts and Mills, JJ. Tallahatchie County is taxed with all costs of this appeal. DISPOSITION - Petitioner's Petition for Writ of Mandamus dismissed as moot. Order entered


EN BANC
93-CT-00274-SCT

Jordan, John Lee v. State of Mississippi Appeal No. 914280 from Judgment dated JANUARY 08, 1993, Hinds County Circuit Court, First Judicial District; On Court's own motion, Appellant's Petition for Writ of Certiorari is dismissed as improvidently granted. McRae, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. Order entered


EN BANC
XX 93-CA-00576-SCT

Snapp, Ed and Russell Snapp v. Johnny Harrison d/b/a Harrison Painting Service Appeal No. 18700 from Judgment dated FEBRUARY 19, 1993, Lowndes County Circuit Court; Judgment Affirmed. Smith, J., Lee, C.J., Prather, P.J., Pittman, Banks, Roberts and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellee's Motion for Specified Relief requesting Justice C. R. McRae to recuse himself denied. Order entered


EN BANC
93-CA-01288-SCT

CITY OF JACKSON, MISSISSIPPI, IN RE: THE EXCLUSION OF CERTAIN TERRITORY FROM THEI: Samuel Cole, Sr.; Lucile B. Austin; Kenneth W. Barnes; Rev. Lepoleian Barnes; Pearley C. Barnes; Reginald L. Blunt; Annie Cole; Caroline Cox; Fletcher Cox; Lutish Donels v. City of Jackson, Mississippi Appeal No. 31448 from Judgment dated OCTOBER 29, 1993, Madison County Chancery Court; DISPOSITION - Motion for Rehearing denied. Prather, P.J., and Banks, J., would grant


EN BANC
XX 93-CA-01372-SCT

Turpin, Sr., Thomas Lane v. Jimmie (Irwin) Langley Turpin Appeal No. 932173 from Judgment dated NOVEMBER 19, 1993, DeSoto County Chancery Court; Judgment Affirmed. Roberts, J., Prather and Sullivan, P.JJ., Pittman, Banks, Smith and Mills, JJ., Concur. Dan Lee, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion. McRae, J., Not Participating. Appellant is taxed with all costs of this appeal


EN BANC
X 93-CT-01401-SCT

SUGG, JR., E. O., A LUNATIC, IN THE MATTER OF THE GUARDIANSHIP OF : John Byars Sugg v. Rubye Frank Crutchfield Register, as Guardian of E. O. Sugg, Jr., a Lunatic, and Aetna Casualty & Surety Company Appeal No. P462 from Judgment dated NOVEMBER 08, 1993, Hinds County Chancery Court, First Judicial District; Affirmed in Part; Reversed and Rendered in Part. Roberts, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Smith and Mills, JJ., Concur. Appellant and Appellee are taxed equally with all costs of this appeal


EN BANC
XX 93-KA-01418-SCT

Johnston, David v. State of Mississippi Appeal No. 4608 from Judgment dated NOVEMBER 18, 1993, Winston County Circuit Court; Conviction of sale of less than one ounce of marijuana and Sentence of three years in the custody of the Mississippi Department of Corrections with payment of fine in the amount of $2,000, together with lab fees and court costs Affirmed. Smith, J., Prather, P.J., Pittman, Roberts and Mills, JJ., Concur. Lee, C.J., Concurs in result only. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J. Winston County is taxed with all costs of this appeal


EN BANC
94-CT-00478-SCT

Scott, Versie T. a/k/a Versie Terron Scott v. State of Mississippi Appeal No. 91100 from Judgment dated JULY 24, 1992, Panola County Circuit Court, Second Judicial District CONSOLIDATED WITH:95-CT-00653-SCT Versie T. Scott v. State of Mississippi


EN BANC
95-CT-00653-SCT

Scott, Versie T. v. State of Mississippi Appeal No. CR91100CP2 from Judgment dated JUNE 23, 1992, Panola County Circuit Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by appellant denied. To Deny: All Justices. Order entered


EN BANC
94-CT-00545-SCT

Gaston, III, Carter v. State of Mississippi Appeal No. 22361 from Judgment dated MAY 04, 1994, Leflore County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Gaston denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J. Order entered


EN BANC
94-CT-00923-SCT

Williams, Christopher Shane v. State of Mississippi Appeal No. CR93208 from Judgment dated AUGUST 26, 1994, DeSoto County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by appellant 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
XX 94-KA-01001-SCT

Mitchell, Larry v. State of Mississippi Appeal No. 940141 from Judgment dated SEPTEMBER 01, 1994, Sunflower County Circuit Court; Reversed and Remanded for proceedings consistent with the Opinion of this Court. Smith, J., Prather, P.J., Pittman, Banks, Roberts and Mills, JJ., Concur. Lee, C.J., Concurs in result only. McRae, J., Dissents in Part with Separate Written Opinion joined by Sullivan, P.J. Sunflower County is taxed with all costs of this appeal


EN BANC
95-KP-00371-SCT

Brislin, Charles v. State of Mississippi Appeal No. 94001CV from Judgment dated FEBRUARY 21, 1995, Lowndes County Circuit Court; DISPOSITION - Motion for Rehearing denied. Prather, P.J., Not Participating


EN BANC
XX 95-KA-00444-SCT

Smith, Erwin J. v. City of Picayune Appeal No. A1351 from Judgment dated APRIL 07, 1995, Pearl River County Circuit Court; Conviction of disorderly conduct under Miss. Code Ann. Section 97-35-7(1) and Sentence to pay a fine of $500.00 and all court costs Affirmed. Lee, C.J., Prather, P.J., Pittman, Roberts and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., Banks and Mills, JJ. Appellant is taxed with all costs of this appeal


EN BANC
95-CT-00622-SCT

Thomas, III, C. W. v. State of Mississippi Appeal No. CR9453 from Judgment dated JUNE 05, 1995, Panola County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by C. W. Thomas, III, denied. To Deny: All Justices. Order entered


EN BANC
95-CT-00887-SCT

Mississippi Employment Security Commission v. Brad Johnson Appeal No. 950022 from Judgment dated JULY 26, 1995; DISPOSITION - Petition for Writ of Certiorari filed by Mississippi Employment Security Commission denied. To Deny: Lee, c.J., Prather, P.J., and Pittman, Banks, McRae, Roberts and Mills, JJ. To Grant: Sullivan, P.J., and Smith, J. Order entered


EN BANC
95-DP-01068-SCT

Wells, Mack C. v. State of Mississippi Appeal No. 4614 from Judgment dated SEPTEMBER 28, 1995, Scott County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., Banks and McRae, JJ., would grant


EN BANC
96-M -00851-

Patrick, Raymond v. State of Mississippi Appeal No. MK95059 Marshall County Circuit Court; DISPOSITION - After having considered the Motion to Reconsider Denial of Petition for Interlocutory Appeal by Permission, the Court finds that a response is needed from the appellee. Appellee shall file a response to the Motion to Reconsider Denial of Petition for Interlocutory Appeal by Permission filed by appellant within fourteen days of entry of this order. Order entered


EN BANC
97-M -00349-

Johnson, Roger v. State of Mississippi Appeal No. Stone County Circuit Court; DISPOSITION - Petition for Appeal filed by Roger Johnson denied. Lee, C.J., Sullivan, P.J., Banks and McRae, JJ., would grant. Order entered