Mississippi Supreme Court

Hand Down Lists
October 05, 2000

10/05/2000 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
97-CT-00460-SCT

Lewis, Clifton v. State of Mississippi Copiah Circuit Court; LC Case#: 15121; Ruling Date: 03/31/1997; Ruling Judge: Lamar Pickard; Disposition: Petition for Writ of Certiorari filed by Clifton Lewis, dismissed as improperly before the Court. To Dismiss: Prather, C.J., Pittman and Banks, P.JJ., McRae, Smith, Mills, Waller and Cobb, JJ. Not Participating: Diaz, J. Order entered.


EN BANC
X 98-KA-00130-SCT

Davis, David L. a/k/a David Latrell Davis v. State of Mississippi Jackson Circuit Court; LC Case#: 9610592; Ruling Date: 11/19/1997; Ruling Judge: James Backstrom; Disposition: Appellant's motion for rehearing, denied. McRae, J., dissents from the denial of the motion for rehearing with separate written opinion.


EN BANC
1998-CT-01174-SCT

Necaise, Martha v. Magnolia Personal Care Pearl River Circuit Court; LC Case#: 970094; Ruling Date: 06/22/1998; Ruling Judge: R. Prichard, III; Disposition: Petition for Writ of Certiorari filed by Martha Necaise, denied. To Deny: Prather, C.J., Pittman and Banks, P.JJ., Smith, Mills and Cobb, JJ. To Grant: McRae and Waller, JJ. Not Participating: Diaz, J. Order entered.


EN BANC
1998-CT-01281-SCT

Odom, Richard a/k/a Richard Loyd Odom a/k/a Richard Lloyd Odom v. State of Mississippi Rankin Circuit Court; LC Case#: 437; Ruling Date: 07/29/1998; Ruling Judge: Robert Goza, Jr.; Disposition: Petition for Writ of Certiorari filed by Richard Odom, denied. To Deny: Prather, C.J., Pittman and Banks, P.JJ., McRae, Mills, Waller, Cobb and Diaz, JJ. Not Participating: Smith, J. Order entered.


EN BANC
1998-BA-01488-SCT

Cotton, Clencie L. v. The Mississippi Bar LC Case#: 98B72; Ruling Date: 08/28/1998; Disposition: Appellant's motion for rehearing, denied. McRae, J., would grant. Banks, P.J., and Smith, J., not participating.


EN BANC
1998-CA-01573-SCT

JOHNSON, ROBERT L., DECEASED: IN THE MATTER OF THE ESTATE OF: Robert M. Harris and Annye C. Anderson v. Claud L. Johnson Leflore Chancery Court; LC Case#: E830; Ruling Date: 10/15/1998; Ruling Judge: Jon Barnwell; Disposition: Appellant's motion for rehearing, denied. Opinion modified at paragraph 17; paragraph 20 is deleted. Prather, C.J., would deny. McRae, J., not participating.


EN BANC
1998-CT-01766-SCT

Clark, Bennie v. State of Mississippi Attala Circuit Court; LC Case#: 980005CR; Ruling Date: 09/22/1998; Ruling Judge: C. Morgan, III; Disposition: Petition for Writ of Certiorari filed by Bennie Clark, denied. To Deny: All Justices. Order entered.


EN BANC
1999-CT-00057-SCT

Cedeno, Adelso v. Moran Hauling and Granite State Insurance Company Hancock Circuit Court; LC Case#: 980010; Ruling Date: 12/04/1998; Ruling Judge: Kosta Vlahos; Disposition: Petition for Writ of Certiorari filed by Adelso Cedeno, denied. To Deny: Prather, C.J., Pittman and Banks, P.JJ., Smith, Mills and Cobb, JJ. To Grant: McRae and Waller, JJ. Not Participating: Diaz, J. Order entered.


EN BANC
XX 1999-CA-00657-SCT

Maxwell, Mary v. Jackson County, Mississippi Jackson Circuit Court; LC Case#: CI960388; Ruling Date: 03/29/1999; Ruling Judge: Dale Harkey; Majority Opinion: Smith, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Mills, J., Waller, J., Cobb, J., Concur. Banks, P.J., Concurs in result only. Dissenting Opinion: McRae, J. Votes: Diaz, J., Joins.


EN BANC
1999-CT-00785-SCT

Ballard, Steve a/k/a Steven Ballard v. State of Mississippi Oktibbeha Circuit Court; LC Case#: 97233; Ruling Date: 04/27/1999; Ruling Judge: Lee Howard; Disposition: Petition for Writ of Certiorari filed by the State of Mississippi, denied. To Deny: All Justices. Order entered.


EN BANC
1999-CA-01037-SCT

Covington County, Mississippi School District a/k/a Board of Education of Covington County, Mississippi v. G.W., a Minor Covington Chancery Court; LC Case#: 98342; Ruling Date: 05/20/1999; Ruling Judge: J. Buffington; Disposition: Appellee's motion for rehearing, denied. McRae, J., would grant.


EN BANC
XX 1999-CA-01086-SCT

Maldonado, Michael and The Hinds County Board of Supervisors v. Tommy Kelly Hinds Circuit Court 1st District; LC Case#: 971543CIV; Ruling Date: 05/24/1999; Ruling Judge: Tomie Green; Majority Opinion: Mills, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Smith, J., Cobb, J., Concur. Waller, J., Not Participating. Dissenting Opinion: McRae, J. Votes: Banks, P.J., Diaz, J., Join.


EN BANC
2000-M-01383

Cotten, Vernon R., Circuit Judge, Place II, Eighth Judicial District, for Judicial Relief, In the Matter of the Petition of Disposition: Petition for Judicial Relief filed by Hon. Vernon R. Cotten, Circuit Judge, Eighth Judicial District, concerning his authority to appoint a court reporter unilaterally, accommodating the space needs of that reporter and fairness in assignment of causes and dockets and setting terms; Judge Marcus D. Gordon's Motion to Dismiss and Response; and the Motion for Authority to Respond to Motion to Dismiss and Response of Senior Judge filed by Judge Cotten have been reviewed by this Court. Since the filing of this petition Judge Cotten has appointed a court reporter and Judge Gordon has acknowledged his authority to do so; therefore, this issue is moot. The county administrators in each county within the district should make available reasonable accommodation for each judge's staffs and court reporters as may be requested by each judge and as is appropriate under the circumstances. The authority of the senior judge of the district to assign causes and dockets and to set terms as granted by Miss. Code Ann., Section 97-7-3(5) should be exercised with a recognition of the co-equal status of the judges in the district. It is ordered by this Court that Judge Marcus D. Gordon and Judge Vernon R. Cotten shall consult and shall, within thirty days following the issuance of this order, submit to this Court proposed local rules or orders providing for the regular and systematic assignment of cases in a manner consistent with the principles established in the previous orders of this Court as set forth in this order and recognizing the co-equal jurisdiction and authority of the circuit judges of the district. Judge Gordon shall concurrently therewith adopt an order which assigns dockets and sets terms which will facilitate such plan. In the event that the judges cannot agree on such a plan, each shall submit to this Court within thirty days of the issuance of this order proposed local rules or order for further consideration by this Court. Each county shall accommodate the reasonable needs of each of the circuit judges of the Eighth Circuit Court District for space and facilities for holding court and for their staff. Smith and Cobb, JJ., not participating. Order entered.