Mississippi Supreme Court

Hand Down Lists
October 02, 1997

10/02/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
XXX 94-CA-01262-SCT

Doe, T., Individually, and In Her Capacity As One of the Wrongful Death Beneficiaries of D. Doe v. Mississippi Blood Services, Inc. Appeal No. 9377302 from Judgment dated DECEMBER 02, 1994, Hinds County Circuit Court, First Judicial District; Affirmed. Lee, C.J., Concurs in result only. Banks, J., Concurs with Separate Written Opinion. McRae, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal


James W. Smith, J.
95-CA-00417-SCT

Anderson Infirmary Benevolent Association d/b/a Jeff Anderson Regional Medical Center v. Cassandra Rhone, Individually and as Administratrix of the Estate of Kassandra La'Joyce Rhone, Deceased Appeal No. 94CV003 from Judgment dated FEBRUARY 03, 1995, Lauderdale County Circuit Court; Joint Motion to Dismiss Appeal and Cross- Appeal pursuant to M.R.A.P. 42(b) granted. Appeal and cross-appeal dismissed upon entry of this order. Each party shall bear its own costs. Order entered


James W. Smith, J.
U 95-KA-01175-SCT

Seward, Edwin a/k/a Edwin Paul Seward a/k/a Edwin Paul Seward, Jr. v. State of Mississippi Appeal No. 9400318 from Judgment dated AUGUST 01, 1995, Harrison County Circuit Court, Second Judicial District; Conviction of felony driving under the influence and Sentence of three (3) years, with eighteen (18) months suspended, leaving eighteen (18) months to serve in the custody of the Mississippi Department of Corrections and payment of court costs and fine of $2,000.00 Affirmed. Appellant is taxed with all costs of this appeal


James W. Smith, J.
U 95-KA-01358-SCT

Coley, A. D. a/k/a A. D. Coley, Jr. a/k/a "Rabbie" a/k/a "Rabbit" v. State of Mississippi Appeal No. 8666 from Judgment dated AUGUST 23, 1995, Coahoma County Circuit Court; COUNT I: Conviction of burglary of a dwelling and Sentence of ten (10) years in the custody of the Mississippi Department of Corrections and pay restitution to the victim of $300.00 Affirmed. COUNT II: Conviction of aggravated assault and Sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections Affirmed. Sentence in Count II shall be served concurrently with the sentence in Count I. Coahoma County is taxed with all costs of this appeal


James L. Roberts Jr., J.
UU 95-CA-01130-SCT

Walker, Clemmie Lee and Sue Davidson v. Mississippi Bureau of Narcotics Appeal No. 92064 from Judgment dated SEPTEMBER 29, 1995, Calhoun County Circuit Court; Affirmed. Lee, C.J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Appellant is taxed with all costs of this appeal


James L. Roberts Jr., J.
U 96-KP-00246-SCT

White, Johnny a/k/a Johnny Lee White v. State of Mississippi Appeal No. 960017 from Judgment dated JANUARY 31, 1996, Harrison County Circuit Court, Second Judicial District; Lower Court's denial of Post-Conviction Relief Affirmed. Harrison County is taxed with all costs of this appeal


James L. Roberts Jr., J.
U 96-KP-00518-SCT

Moore, Gregory L. v. State of Mississippi Appeal No. 96CV053 from Judgment dated APRIL 23, 1996, Lauderdale County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Lauderdale County is taxed with all costs of this appeal


James L. Roberts Jr., J.
U 96-KP-00686-SCT

Kirby, Virgil v. State of Mississippi Appeal No. 96005CV from Judgment dated MAY 15, 1996, Lowndes County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Lowndes County is taxed with all costs of this appeal


Chuck McRae, J.
95-CA-01106-SCT

Nationwide Insurance Company v. Mark Wetzel Appeal No. 933785 from Judgment dated JULY 28, 1995, Harrison County Circuit Court, Second Judicial District; Nationwide's Motion for Voluntary Dismissal of appeal granted. Nationwide is taxed with interest, statutory penalties and all costs of this appeal. Order entered


Fred L. Banks, J.
X 95-CA-00678-SCT

Potts, Jimmy Dale v. Alma Jean Rutherford Potts Appeal No. 940005 from Judgment dated MAY 08, 1995, Panola County Chancery Court, Second Judicial District; Reversed. Appellee is taxed with all costs of this appeal


Fred L. Banks, J.
U 95-KP-00917-SCT

White, Mikel a/k/a Michael Leroy White a/k/a Mikel Leroy White v. State of Mississippi Appeal No. 25194484 from Judgment dated JULY 26, 1995, Hinds County Circuit Court, First Judicial District; Denial of Post-Conviction Relief Affirmed. Smith, J., Not Participating. Hinds County is taxed with all costs of this appeal


Edwin Lloyd Pittman, J.
XX 95-KA-00251-SCT

Jennings, Jimmie Ann v. State of Mississippi Appeal No. 25195039 from Judgment dated JANUARY 31, 1995, Hinds County Circuit Court, First Judicial District; Affirmed. Banks, J., Concurs in Part with Separate Written Opinion. Hinds County is taxed with all costs of this appeal


Edwin Lloyd Pittman, J.
U 96-KP-00166-SCT

Applewhite, Gregory v. State of Mississippi Appeal No. 5158 from Judgment dated JANUARY 11, 1996, Quitman County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Quitman County is taxed with all costs of this appeal


Michael Sullivan, P.J.
U 96-KP-00162-SCT

Reeder, Arthur R. a/k/a Arthur Richard Reeder v. State of Mississippi Appeal No. 1710 from Judgment dated FEBRUARY 02, 1996, Stone County Circuit Court; Lower Court's denial of Post Conviction Collateral Relief Affirmed. Stone County is taxed with all costs of this appeal


Michael Sullivan, P.J.
UU 96-KA-00429-SCT

Ledezma, Martin v. State of Mississippi Appeal No. 96CV019 from Judgment dated MARCH 21, 1996, Lauderdale County Circuit Court; Reversed and Remanded. Smith, J., Dissents with Separate Written Opinion joined by Lee, C.J., and Roberts, J. Lauderdale County is taxed with all costs of this appeal


Michael Sullivan, P.J.
U 96-CA-00626-SCT

Brown, Michael v. Othieal Clark, Unit Management Team Chairman, and Mrs. Ann Lee, Director of Classification Appeal No. 960076 from Judgment dated MAY 22, 1996, Sunflower County Circuit Court; Affirmed. Sunflower County is taxed with all costs of this appeal


Michael Sullivan, P.J.
U 96-KP-00687-SCT

Bryant, Napoleon v. State of Mississippi Appeal No. 96007CV from Judgment dated FEBRUARY 13, 1996, Lowndes County Circuit Court; Lower Court's denial of Post Conviction Collateral Relief Affirmed. Lowndes County is taxed with all costs of this appeal


EN BANC
XX 93-IA-00639-SCT

Forrest County General Hospital, Dr. Charmaine McCleave, South Mississippi Emergency Physicians, P. A., Darrell Ellzey, Dorothy Denham and Miriam Jarrell v. Ronnie Conway and Christy Conway, Individually and on Behalf of Their Minor Daughter, Megan Conway Appeal No. 9375172 from Judgment dated MAY 24, 1993, Hinds County Circuit Court, First Judicial District; Reversed and Remanded for proceedings consistent with the Opinion of this Court. Mills, J., Lee, C.J., Prather, P.J., Banks, Roberts and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Pittman, J. Appellees are taxed with all costs of this appeal. DISPOSITION - Appellees' Motion for Expedited Ruling dismissed as moot. Order entered. DISPOSITION - Motion of Victor T. Bazzone, M.D., to Consolidate Appeal with 96-M-01155 denied. Order entered


EN BANC
XX 94-DP-00524-SCT

Howard, Jr., Eddie Lee v. State of Mississippi Appeal No. 92400CR from Judgment dated MAY 12, 1994, Lowndes County Circuit Court; DISPOSITION - Motion for Modification or Clarification of Opinion filed by the State of Mississippi denied. Smith, J., would grant. Prather, P.J., Not Participating. Order entered. Opinions are modified by this Court


EN BANC
94-KP-00656-SCT

Jackson, Larry a/k/a Larry D. Jackson v. State of Mississippi Appeal No. 6659 from Judgment dated MARCH 18, 1994, Grenada County Circuit Court; DISPOSITION - Motion for Rehearing denied


EN BANC
XX 94-CA-00880-SCT

Taylor, Donald E., Individually, and as Administrator of the Estate of Prentiss Taylor v. Singing River Hospital System Appeal No. 925043 from Judgment dated AUGUST 04, 1994, Jackson County Circuit Court; Affirmed. Banks, J., Lee, C.J., Prather, P.J., Pittman, Roberts, Smith 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


EN BANC
XX 95-CA-00269-SCT

Perry, Ladarrell, a Minor, By and Through His Mother and Next Friend, Addie Perry v. Nationwide General Insurance Company Appeal No. 251941097CIV from Judgment dated JANUARY 23, 1995, Hinds County Circuit Court, First Judicial District; Reversed and Remanded for proceedings consistent with the opinion of this Court. McRae, J., Lee, C.J., Sullivan, P.J., Banks and Roberts, JJ., Concur. Prather, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Pittman, Smith and Mills, JJ. Appellee is taxed with all costs of this appeal


EN BANC
95-CA-00632-SCT

PEACOCKE, DR. IVAN LEE, DECEASED, IN THE MATTER OF THE ESTATE OF : Mary Thompson v. Nancille Yvonne Waters Peacocke Appeal No. 15259 from Judgment dated MAY 12, 1995, Lamar County Chancery Court; DISPOSITION - Motion for Rehearing denied


EN BANC
95-CA-00850-SCT

Mississippi State Tax Commission v. Lady Forest Farms, Inc. Appeal No. 18240 from Judgment dated JUNE 28, 1995, Scott County Chancery Court; DISPOSITION - Motion for Rehearing denied. Pittman, Banks and McRae, JJ., would grant


EN BANC
95-CA-01082-SCT

Harrison County School District v. Long Beach School District Appeal No. 9322735 from Judgment dated SEPTEMBER 28, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. DISPOSITION - Harrison County School District's Motion to Supplement the Record denied. Order entered


EN BANC
XX 96-CC-00618-SCT

White Cypress Lakes Water, Inc. v. Mississippi Public Service Commission Appeal No. 950264 from Judgment dated MAY 08, 1996, Hancock County Chancery Court; Reversed and Remanded to the Mississippi Public Service Commission for proceedings consistent with the opinion of this Court. Prather, P.J., Lee, C.J., Pittman, Banks, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Roberts, J. Appellee is taxed with all costs of this appeal


EN BANC
96-M-01155

Bazzone, M. D., Victor, In Re: Appeal No. 25195860 Hinds County Circuit Court First Judicial District; DISPOSITION - Motion of Victor T. Bazzone, M.D., to Consolidate Appeal with 93-IA-00639-SCT denied. Order entered