Mississippi Supreme Court

Hand Down Lists
September 25, 1997

09/25/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
U 95-CA-01065-SCT

FANKBONER, WILLIAM HARRY, DECEASED, IN THE MATTER OF THE LAST WILL AND TESTAMENT OF: Joseph Pallatin v. Kandy Jones, Executrix of the Estate of William Harry Fankboner, and Ezekiel Jones, a Minor Appeal No. P1680 from Judgment dated SEPTEMBER 11, 1995, Harrison County Chancery Court, Second Judicial District; Reversed and Rendered for proceedings consistent with the opinion of this Court. Appellant is taxed with all costs of this appeal


James W. Smith, J.
X 95-CA-01070-SCT

Diogenes Editions, Inc. and Roland L. Freeman v. State of Mississippi, by and through Board of Trustees of Institutions of Higher Learning as Trustees for the University of Mississippi Appeal No. 940072CIV from Judgment dated SEPTEMBER 07, 1995, Hinds County Circuit Court, First Judicial District; Affirmed in Part; Reversed and Remanded in Part for proceedings consistent with the opinion of this Court. Lee, C.J., Concurs in result only. Appellant and Appellee are taxed equally with all costs of this appeal


James W. Smith, J.
X 95-CA-01083-SCT

Mississippi, State of v. Mississippi Association of Supervisors, Inc.; Hinds County, Mississippi and Washington County, Mississippi Appeal No. 95127 from Judgment dated OCTOBER 16, 1995, Hinds County Circuit Court, First Judicial District; Judgment Affirmed. Lee, C.J., and Banks, J., Concur in Result only. Mills, J., Not Participating. Appellant is taxed with all costs of this appeal


James W. Smith, J.
U 96-KP-00356-SCT

Hentz, Roger v. State of Mississippi Appeal No. 960017 from Judgment dated MARCH 08, 1996, Sunflower County Circuit Court; Denial of Post-Conviction Relief Affirmed. Sunflower County is taxed with all costs of this appeal


James W. Smith, J.
U 96-KP-00399-SCT

Jones, Jack Witten a/k/a Edward Eugene Shelton v. State of Mississippi Appeal No. 9500402 from Judgment dated MARCH 21, 1995, Harrison County Circuit Court, First Judicial District; Denial of Post-Conviction Relief Affirmed. Harrison County is taxed with all costs of this appeal


Fred L. Banks, J.
X 94-CA-01169-SCT

General Star Indemnity Company v. Pike County National Bank Appeal No. 92122 from Judgment dated OCTOBER 28, 1994, Calhoun County Chancery Court; Affirmed on Direct Appeal; Affirmed in Part; Reversed in Part on Cross-Appeal and Remanded to the Chancery Court. McRae and Mills, JJ., Not Participating. Appellant and Appellee are taxed equally with all costs of this appeal


Dan M. Lee, C.J.
96-CA-00261-SCT

Brooks, Jane Gunter v. Robert T. Brooks Appeal No. 30061 from Judgment dated FEBRUARY 07, 1996, Madison County Chancery Court; Affirmed on Direct Appeal and Cross-Appeal. Appellant is taxed with all costs of this appeal CONSOLIDATED WITH: 92-CA-01197-SCT


Dan M. Lee, C.J.
U 92-CA-01197-SCT

Brooks, Jane Gunter v. Robert T. Brooks Appeal No. 30061 from Judgment dated FEBRUARY 07, 1996, Madison County Chancery Court; Affirmed on Direct Appeal and Cross-Appeal. Appellant is taxed with all costs of this appeal. CONSOLIDATED WITH: 96-CA-00261-SCT


EN BANC
89-R -99025-SCT

Uniform Rules of Circuit and County Courts, In Re:; DISPOSITION - On Court's own motion Rule 9.04 C(1) of the Uniform Rules of Circuit and County Court Practice is amended as set out in order of this Court. Order entered


EN BANC
89-R -99027-SCT

Mississippi Rules of Appellate Procedure, In Re:; DISPOSITION - On Court's own motion Rule 32(b) of the Mississippi Rules of Appellate Procedure is amended as set out in order of this Court. Lee, C.J., would deny. Order entered. DISPOSITION - On Court's own motion Rule 41(d) of the Mississippi Rules of Appellate Procedure is amended as set out in order of this Court. Order entered


EN BANC
94-CT-00518-SCT

Thaggard, Melvin Marshall v. State of Mississippi Appeal No. 7453 from Judgment dated MARCH 17, 1994, Clarke County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Melvin Marshall Thaggard 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-00932-SCT

Chandler, Exso v. State of Mississippi Appeal No. 4485 from Judgment dated JUNE 21, 1994, Scott County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Exso Chandler denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, McRae, Roberts, Smith and Mills, JJ. To Grant: Banks, J. Order entered


EN BANC
95-CT-00472-SCT

Hardiman, Robin a/k/a Robin Holland and Atari Holland a/k/a Atari Hardiman v. State of Mississippi Appeal No. 7175 from Judgment dated APRIL 21, 1995, Montgomery County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Appellants denied. To Deny: All Justices. Order entered


EN BANC
U 95-KP-00686-SCT

McCray, Leroy Taylor v. State of Mississippi Appeal No. 9377144 from Judgment dated MAY 16, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellee's Motion to Correct Opinion granted. Order entered


EN BANC
95-CT-00756-SCT

Greer, Lugene v. State of Mississippi Appeal No. 7593 from Judgment dated APRIL 13, 1995, Yazoo County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Lugene Greer 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
95-CT-00939-SCT

Mitchell, Jeffery a/k/a Jeffrey Marcus Mitchell v. State of Mississippi Appeal No. 9400016 from Judgment dated SEPTEMBER 01, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: Prather, P.J., Pittman, McRae, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J., Sullivan, P.J., and Banks, J. Order entered


EN BANC
95-CT-00985-SCT

Cornacchione, Sr., Daniel S. v. Mississippi Employment Security Commission Appeal No. 8944310 from Judgment dated AUGUST 07, 1995, Forrest County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Daniel S. Cornacchione, Sr., denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts, Smith and Mills, JJ. To Dismiss as Untimely Filed: Banks, J. To Grant: McRae, J. Order entered


EN BANC
95-CT-01158-SCT

Gainey, Sandra L., Individually and as Natural Mother and Next Friend of Amanda Faynell Gainey, a Minor, and as Executrix of the Estate of Phillip J. Gainey v. Mississippi Power & Light Company Appeal No. 916878 from Judgment dated MAY 23, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Sandra L. Gainey, Individually and as Natural Mother and Next Friend of Amanda Faynell Gainey, a Minor, and as Executrix of the Estate of Phillip J. Gainey, 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
X 95-CT-01288-SCT

Spann, Jessie v. Wal-Mart Stores, Inc. and National Union Fire Insurance Company of Pittsburg, PA Appeal No. 16913 from Judgment dated SEPTEMBER 20, 1995, Rankin County Circuit Court; Reversed and Remanded. Sullivan, P.J., Lee, C.J., Prather, P.J., Pittman, Banks, McRae, Roberts and Mills, JJ., Concur. Smith, J., Not Participating. Appellee is taxed with all costs of this appeal


EN BANC
X 97-BD-00517-SCT

Mississippi Bar, The v. Darnell Felton Appeal No. 97BD517 from Judgment dated APRIL 25, 1997,; Darnell Felton is hereby suspended from the practice of law in all courts in the State of Mississippi for 180 days. Smith, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts and Mills, JJ., Concur. Felton is taxed with all costs of this appeal