Hand Down Lists
September 11, 1997
Michael P. Mills, J.
U
95-KP-00105-SCT
Brock, Lewis v. State of Mississippi
Appeal No. 940118 from Judgment dated FEBRUARY 22, 1995, Madison County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Madison County is taxed with all costs of this appeal
Michael P. Mills, J.
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95-KP-00617-SCT
Hooks, Wade v. State of Mississippi
Appeal No. 940079 from Judgment dated MAY 15, 1995, Clay County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Clay County is taxed with all costs of this appeal
James L. Roberts Jr., J.
X
96-CA-00193-SCT
Mississippi Gaming Commission, The v. Treasured Arts, Inc.
Appeal No. 95443 from Judgment dated JANUARY 09, 1996, Hinds County Circuit Court, First Judicial District; Affirmed. Lee, C.J., Concurs in result only. Appellant is taxed with all costs of this appeal
Chuck McRae, J.
X
95-CA-00359-SCT
CARPENTER, STANLEY, IN THE MATTER OF PETITION FOR ZONING VARIANCE v. City of Petal
Appeal No. 2944193 from Judgment dated MARCH 03, 1995, Forrest County Circuit Court; Reversed for proceedings consistent with the Opinion of this Court. Sullivan, P.J., Not Participating. Appellee is taxed with all costs of this appeal
Fred L. Banks, J.
X
94-CA-01095-SCT
Wong, Sidney, M.D. v. John Stripling, M.D.; Thomas Hewes, M.D.; Hans Adams, M.D.; The Estate of L. V. Johnston; Don Hopkins, M.D.; William Atchison, M.D.; William Hopper, M.D.; Garden Park Community Hospital, Inc.; Thomas Blanks, M.D.; Victor T. Bazzone, M.D.; Hazel Portwood,
Appeal No. 20138 from Judgment dated OCTOBER 07, 1994, Harrison County Circuit Court, First Judicial District; Affirmed. Lee, C.J., and McRae, J., Concur in result only. Appellant is taxed with all costs of this appeal. CONSOLIDATED WITH:07-CA-58994-SCT
Fred L. Banks, J.
07-CA-58994-SCT
Wong, Sidney, M.D. v. John Stripling, M.D.; Thomas Hewes, M.D.; Hans Adams, M.D.; The Estate of L. V. Johnston; Don Hopkins, M.D.; William Atchison, M.D.; William Hopper, M.D.; Garden Park Community Hospital, Inc.; Thomas Blanks, M.D.; Victor T. Bazzone, M.D.; Hazel Portwood,
Appeal No. 20138 from Judgment dated OCTOBER 07, 1994, Harrison County Circuit Court, First Judicial District; Affirmed. Lee, C.J., and McRae, J., Concur in result only. Appellant is taxed with all costs of this appeal. CONSOLIDATED WITH: 94-CA-01095-SCT
Edwin Lloyd Pittman, J.
X
95-CA-01261-SCT
Cities of Oxford, Carthage, Louisville, Starkville and Tupelo, The, as well as the Cities of Canton, Clarksdale, Greenwood, Kosciusko and Yazoo City, acting by and through their respective Public Utility Companies v. Northeast Mississippi Electric Power Association, Tombigbee Electric Power Association, East Mississippi Electric Power Association, Four County Electric Power Association, Coahoma Electric Power Association, Yazoo Valley Electric Power Association, Missi
Appeal No. 94338 from Judgment dated OCTOBER 24, 1995, Lafayette County Circuit Court; Affirmed. Lee, C.J., Not Participating. Appellants are taxed with all costs of this appeal
Michael Sullivan, P.J.
95-CA-00788-SCT
Allstate Insurance Company v. Leroy Rankin
Appeal No. 4331 from Judgment dated JULY 07, 1995, Jefferson County Circuit Court; Appellant's Motion to Voluntarily Dismiss Appeal granted. Appeal is dismissed upon entry of this order. Appellant is taxed with all costs of this appeal. Order entered
Michael Sullivan, P.J.
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96-KP-00266-SCT
Cox, Thomas v. State of Mississippi
Appeal No. 960009CV from Judgment dated FEBRUARY 26, 1996, Clay County Circuit Court; Reversed and Remanded. Lee, C.J., and Smith, J., Not Participating. Clay County is taxed with all costs of this appeal
Lenore L. Prather, P.J.
XX
94-CA-01238-SCT
Fidelity and Guaranty Underwriters, Inc. v. John L. Earnest
Appeal No. 21311 from Judgment dated DECEMBER 05, 1994, Lee County Circuit Court; Direct Appeal: Judgment is Affirmed. Cross- Appeal: Judgment is Affirmed. Statutory damages are awarded. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J.; Mills, J., Not Participating. Appellant is taxed with all costs of this appeal
Dan M. Lee, C.J.
XX 95-CA-00880-SCT
Turner, Trista v. City of Ruleville
Appeal No. 950147 from Judgment dated JULY 26, 1995, Sunflower County Circuit Court; Affirmed. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J. Appellant is taxed with all costs of this appeal
Dan M. Lee, C.J.
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96-CC-00333-SCT
Gulf Park Water Company, Inc. v. Mississippi Public Service Commission
Appeal No. 942893 from Judgment dated FEBRUARY 12, 1996, Jackson County Chancery Court; Affirmed. Appellant is taxed with all costs of this appeal
EN BANC
XXX
93-DP-00494-SCT
Holland, Gerald James v. State of Mississippi
Appeal No. 22497 from Judgment dated APRIL 02, 1993, Harrison County Circuit Court, First Judicial District; 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) (Supp. 1995) and M.R.A.P. 41(a). Smith, Pittman, Roberts and Mills, JJ., Concur. Dan Lee, C.J., Specially Concurs with Separate Written Opinion joined by Roberts and Smith, JJ. Prather, P.J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J.; McRae, J., Not Participating. Harrison County is taxed with all costs of this appeal
EN BANC
XX
93-DP-01173-SCT
Evans, Donald Leroy v. State of Mississippi
Appeal No. 26486 from Judgment dated SEPTEMBER 18, 1993, Harrison County Circuit Court, First Judicial District. CONSOLIDATED WITH: 94-CA-00176-SCT
EN BANC
94-CA-00176-SCT
Evans, Donald Leroy v. State of Mississippi
Appeal No. 26486 from Judgment dated JANUARY 27, 1994, Harrison County Circuit Court, First Judicial District; On change of venue to Adams County. 94-CA-00176-SCT - Judgment awarding attorney fees and expenses Affirmed. 93-DP-01173-SCT- 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)(Supp. 1995) and M.R.A.P. 41(a). Smith, J., Prather, P.J., Pittman, Roberts and Mills, JJ., Concur. Banks, J., Concurs with Separate Written Opinion joined by Lee, C.J., and Sullivan, P.J. McRae, J., Not Participating. Harrison County is taxed with all costs of this appeal. DISPOSITION - Appellant's Motion to Remand to the Circuit Court for Pro Se Appellant Proceedings on a New Pro Se Appeal Without Counsel with Facts and Evidence in Support and for Other Relief Consistent with Due Process Guarantees and Protections to Present a First Appeal Without Counsel in a Pro Se Appeal denied. Order entered. DISPOSITION - Appellant's Motion to Dismiss Appeal Filed by Counsel Due to Denial of Right to Present a Pro Se Appeal Without Counsel denied. Order entered. DISPOSITION - Appellant's Motion for a New Appeal Pro Se Without Counsel denied. Order entered; CONSOLIDATED WITH: 93-DP-01173-SCT
EN BANC
94-CT-00687-SCT
Mosley, Jamie a/k/a Jamie Lee Mosley and Tyrone Moore a/k/a Tyrone Trayon Moore v. State of Mississippi
Appeal No. 2165 from Judgment dated MARCH 30, 1994, Choctaw County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by appellants 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-CC-00877-SCT
City of Clarksdale, Mississippi v. Mississippi Employment Security Commission and Theodore R. Hawkins
Appeal No. 14CI940012 from Judgment dated AUGUST 10, 1994, Coahoma County Circuit Court; Reversed and Rendered. Pittman, J., Lee, C.J., Prather and Sullivan, P.JJ., Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Banks, J. Appellee is taxed with all costs of this appeal. DISPOSITION - Appellee's motion to substitute counsel granted. Counsel for the appellee, Honorable Fred J. Lotterhos has retired and the Honorable Mark D. Ray is substituted as counsel of record for the appellee. Order entered
EN BANC
95-CT-00728-SCT
Rather, Gordon v. Department of Human Services of the State of Mississippi
Appeal No. 34667 from Judgment dated JULY 13, 1995, Warren County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Gordon Rather denied. To Deny: Prather and Sullivan, P.JJ., Pittman, McRae, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J., and Banks, J. Order entered
EN BANC
92-DP-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 - State's Motion for Modification or Clarification of this Court's Order of June 26, 1997, granted. Davis' Application for Leave to File Motion to Vacate Judgment and Death is granted only as to the following issues: I. Counsel for Kenneth L. Davis failed to render effective assistance as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and Article 3, Section 26 of the Mississippi Constitution. A. Counsel failed to present exculpatory witnesses. B. Counsel failed to call defense witnesses. C. Counsel failed to object to improper comments during the prosecution's final argument in the guilt phase. E. Counsel failed to raise on direct appeal the introduction of testimony "known" to be false in the sentencing phase. All other claims are barred from relitigation. The two additional motions remanded in our June 26, 1997 order to the lower court are to be considered by the lower court with the claims of ineffective assistance of counsel. This clarification order shall supersede and be substituted for the order of this Court of June 26, 1997. To Grant: Lee, C.J., Prather, P.J. Pittman, Banks, Roberts and Mills, JJ. To Deny: Sullivan, P.J. Not Participating: McRae and Smith, JJ. Order entered
EN BANC
X
97-BR-00163-SCT
Pace, J. Edmand, In Re: Petition of, for Reinstatement to Practice Law
Appeal No. 95B604 from Judgment dated MARCH 21, 1996, Complaint Tribunal; Petition for Reinstatement to the practice of law granted. Prather, P.J., Lee, C.J., Sullivan, P.J., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ., Concur. J. Edmand Pace is taxed with all costs of this appeal
EN BANC
97-M -00825-SCT
Rules of the Mississippi Commission on Judicial Performance, In the Matter of Retroactive Application of Amendments to Rule 11 of the
DISPOSITION - Petition of the Mississippi Commission on Judicial Performance for retroactive application of amendments to Rule 11 of the Rules of the Mississippi Commission on Judicial Performance denied as moot. McRae, J., Not Participating. Order entered