Mississippi Supreme Court

Hand Down Lists
September 05, 1996

09/05/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Chuck McRae, J.
XX 93-CA-01110-SCT

Bruce (Krupica), Patricia L. v. James B. Bruce Appeal No. 26038 from Judgment dated AUGUST 26, 1993, Lowndes County Chancery Court; Judgment Affirmed. Banks, J., Dissents with Separate Written Opinion joined by Prather and Sullivan, P.JJ. Pittman and Mills, JJ., Not Participating. Appellant is taxed with all costs of this appeal.

Chuck McRae, J.
X 94-CA-00013-SCT

Holden, Jerry W. v. Julie M. Frasher-Holden Appeal No. 101328 from Judgment dated DECEMBER 02, 1993, Harrison County Chancery Court, First Judicial District; Judgment Affirmed. Lee, C.J., Concurs in result only. Pittman, J., Not Participating. Appellant is taxed with all costs of this appeal.

Edwin Lloyd Pittman, J.
XXX 92-CA-00915-SCT

Kimbrough: IN RE: THE LAST WILL AND TESTAMENT OF IDA LENA HEARN KIMBROUGH: A. M. Mack Kimbrough, III v. Martha Kimbrough Barnwell and Helen Kimbrough Clarke Appeal No. P9921 from Judgment dated AUGUST 17, 1992, Hinds County Chancery Court, First Judicial District; Appeal dismissed with prejudice. Banks, J., Dissents with Separate Written Opinion joined in part by Roberts, J.; McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J., Banks and Roberts, JJ. Appellant is taxed with all costs of this appeal.

Edwin Lloyd Pittman, J.
XXX 92-KA-00933-SCT

Fisher, Derrick T. v. State of Mississippi Appeal No. 91100893 from Judgment dated AUGUST 05, 1992, Jackson County Circuit Court; Reversed and Remanded. Lee, C.J., Concurs in result only. Banks, J., Concurs with Separate Written Opinion joined by Prather, P.J. Smith, J., Concurs in part and Dissents in part with Separate Written Opinion joined by Roberts, J. Jackson County is taxed with all costs of this appeal.

Edwin Lloyd Pittman, J.
XX 92-CA-01224-SCT

Morrison, Ernest B. v. Mike Means Appeal No. 6832 from Judgment dated NOVEMBER 03, 1992, Smith County Circuit Court; Reversed and Remanded. McRae, J., Dissents with Separate Written Opinion. Appellee is taxed with all costs of this appeal.

Edwin Lloyd Pittman, J.
XX 95-KP-00265-SCT

Marshall, Willie v. State of Mississippi Appeal No. 6438 from Judgment dated JANUARY 11, 1995, Bolivar County Circuit Court, Second Judicial District; Lower Court's denial of Post-Conviction Relief Affirmed. Banks, J., Concurs with Separate Written Opinion joined by Sullivan, P.J. Bolivar County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 93-KA-00926-SCT

Romo, Roque v. State of Mississippi Appeal No. CR9324CD from Judgment dated JULY 16, 1993, DeSoto County Circuit Court; Conviction of possession with intent to distribute one (1) kilogram or more of marihuana and Sentence of ten (10) years in the custody of the Mississippi Department of Corrections and Payment of a fine of $5,000, lab fee and costs Affirmed. Appellant is given credit for 311 days jail time served. DeSoto County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 93-CC-01024-SCT

Baptist Memorial Hospital-Golden Triangle, Inc. v. Mississippi State Department of Health and the Radiology Clinic Appeal No. 151265 from Judgment dated AUGUST 03, 1993, Hinds County Chancery Court, First Judicial District; Affirmed. Prather, P.J., Not Participating. Appellant is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 93-KA-01243-SCT

Smith, Calvin v. State of Mississippi Appeal No. 9590 from Judgment dated SEPTEMBER 07, 1993, Holmes County Circuit Court; Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Holmes County is taxed with all costs of this appeal.

EN BANC
89-R-99001-SCT

In Re: Mississippi Rules of Civil Procedure in All Chancery, Circuit and County Courts of the State DISPOSITION - On Court's own motion the Comment to M.R.C.P. 15(b) is amended and Advisory Committee Historical Notes to Rules 50(b), 58 and 83 are added. Order entered.

EN BANC
89-R-99018-SCT

In Re: Rules of Professional Conduct DISPOSITION - Motion for Interim Order Clarifying the Status of Current Contracts for Advertising dismissed as moot. Order entered.

EN BANC
89-R-99027-SCT

In Re: Mississippi Rules of Appellate Procedure DISPOSITION - On Court's own motion Historical Notes and accompanying Reporter's Note as set out in Exhibit "A" to this Order are adopted and added to the Mississippi Rules of Appellate Procedure. Order entered.

EN BANC
92-KA-00158-SCT

Holmes, John v. State of Mississippi Appeal No. 9429 from Judgment dated FEBRUARY 14, 1992, Adams County Circuit Court; DISPOSITION - On Court's own motion to correct the mandate issued October 19, 1995, the mandate issued in this cause is withdrawn and the following is substituted therefor: "Conviction of grand larceny and Sentence of five (5) years in the custody of the Mississippi Department of Corrections and after serving three (3) years of said sentence the remaining balance of said sentence suspended upon good behavior Affirmed." Order entered.

EN BANC
92-US-00542-SCT

Davis, Kenneth L. v. State of Mississippi Appeal No. F73 from Judgment dated MARCH 15, 1991, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Mandamus and Injunctive Relief filed by Davis denied. This corrected order shall supersede and be substituted for the order entered August 26, 1996. McRae and Smith, JJ., Not Participating. Corrected Order entered. DISPOSITION - State's Motion to Reset Execution Date granted. October 2, 1996, is hereby set as the date for execution of appellant in the manner provided by law. This corrected order shall supersede and be substituted for the Order entered August 26, 1996. McRae and Smith, JJ., Not Participating. Corrected Order entered.

EN BANC
92-KA-00659-SCT

Whitworth, James Robert v. State of Mississippi Appeal No. CR91166CD from Judgment dated MAY 26, 1992, DeSoto County Circuit Court; DISPOSITION - Motion to Set Bond Pending Appeal to the United States Supreme Court denied. Order entered.

EN BANC
XX 92-CA-00829-SCT

Moeller, Jr., Armin J. and Fuselier, Ott & McKee, P. A., Louis Fuselier, Emile C. Ott and Curtiss McKee, Individually v. American Guarantee and Liability Insurance Company Appeal No. 124266 from Judgment dated JULY 24, 1992, Hinds County Chancery Court, First Judicial District; Parts I, II and III A: Affirmed. Sullivan, P.J., Lee, C.J., Pittman, Banks, McRae, Roberts and Smith, JJ., Concur. Mills, J., Concurs in result only. Prather, P.J., Not Participating. Part III B: Reversed and Remanded. Banks, J., Lee, C.J., Pittman, McRae, Roberts and Smith, JJ., Concur. Sullivan, P.J., Dissents with Separate Written Opinion joined by McRae J.; Prather, P.J., Not Participating. Appellants and Appellee are taxed equally with all costs of this appeal. DISPOSITION - Appellants' Motion to Allow Oral Argument dismissed as moot. Order entered.

EN BANC
92-CA-00841-SCT

Henson, Christy and Kevin Henson v. Steven B. Roberts Appeal No. 916774 from Judgment dated JUNE 09, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied.

EN BANC
92-CT-01294-SCT

Patton, Michael Angelo v. State of Mississippi Appeal No. 26273 from Judgment dated DECEMBER 01, 1992, Harrison County Circuit Court, First Judicial District; DISPOSITION - Patton's Petition for Writ of Certiorari 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
XX 93-CA-00152-SCT

Kelly, Bob, Individually and as Chairman of Citizens Against Legalized Liquor v. City of Aberdeen, Mississippi Appeal No. 90385RM from Judgment dated JANUARY 12, 1993, Monroe County Circuit Court; Judgment Affirmed. McRae, J., Lee, C.J., Sullivan, P.J., Pittman and Banks, JJ., Concur. Smith, J., Dissents with Separate Written Opinion joined by Prather, P.J., and Roberts, J. Mills, J., Not Participating. Appellant is taxed with all costs of this appeal.

EN BANC
93-CT-00921-SCT

Providence Washington Insurance Company v. Carol English, As Adminstratrix of the Estate of John Wesley Webb, Russell Chase Webb, By And Through His Mother and Next Friend, Kimberly Byrd Webb and Kimberly Byrd Webb, Individually Appeal No. 9167396 from Judgment dated AUGUST 03, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Joint Motion to Dismiss Appeal of Providence Washington Insurance Company pursuant to M.R.A.P. 42(b) granted. Appeal dismissed upon entry of this order. Pittman, J., Prather and Sullivan, P.JJ., Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Lee, C.J., Not Participating. Any costs remaining shall be paid by Appellant. Order entered.

EN BANC
96-M-00114-SCT

In Re: Kirk Fordice, As Governor of the State of Mississippi Appeal No. 941429 Jackson County Chancery Court; DISPOSITION - Petitioner's Motion for Additional Time for Oral Argument granted. The Court grants one hour to the parties, thirty minutes per side. Sullivan, P.J., and Smith, J., would deny. 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 - On Court's own Motion for Additional Time for Oral Argument, the Court grants one hour, thirty minutes per side. Sullivan, P.J., and Smith, J., would deny. McRae and Mills, JJ., Not Participating. Order entered.

EN BANC
96-M-00717-SCT

In Re: Kirk Fordice, Governor, State of Mississippi Appeal No. G961343 Hinds County Chancery Court First Judicial District; DISPOSITION - An Order was entered July 10, 1996, granting Petitioner's Petition for Writ of Prohibition and for Emergency Relief. Smith, J., files a Separate Statement to this Order joined by Lee, C.J., Prather, P.J., Pittman, Roberts and Mills, JJ. McRae, J., files a response to Statement on Order.