Mississippi Supreme Court

Hand Down Lists
October 09, 1997

10/09/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
U 96-CA-00474-SCT

Hawkins, Christopher Charles v. State of Mississippi Appeal No. 942119 from Judgment dated APRIL 01, 1996, Hinds County Circuit Court, First Judicial District; Denial of Post-Conviction Relief Affirmed. Appellant is taxed with all costs of this appeal.


James W. Smith, J.
U 96-CA-00670-SCT

Johnson, Kenny v. Lee, Ann, Director of Classification; Raymond Roberts, Superintendent; Willie Brown, Sergeant at the State Prison and Tommy Ross, Major at the State Prison Appeal No. 960080 from Judgment dated MAY 28, 1996, Sunflower County Circuit Court; Judgment Affirmed. Sunflower County is taxed with all costs of this appeal.


James W. Smith, J.
U 96-CA-01068-SCT

Barnwell, Lonell Ingram a/k/a Lonwell I. Barnwell v. State of Mississippi Appeal No. 6400 from Judgment dated AUGUST 29, 1996, Jones County Circuit Court, Second Judicial District; Denial of Post-Conviction Relief Affirmed. Jones County is taxed with all costs of this appeal.


James W. Smith, J.
U 97-CA-00153-SCT

Whetstone, Nevin a/k/a Nevin Kerr Whetstone v. State of Mississippi Appeal No. CV96222 from Judgment dated JANUARY 27, 1997, Lee County Circuit Court; Denial of Post-Conviction Relief Affirmed. Lee County is taxed with all costs of this appeal


Chuck McRae, J.
U 95-CA-00460-SCT

Wells, Lafayette v. State of Mississippi Appeal No. 950003M from Judgment dated MARCH 11, 1995, Sunflower County Circuit Court; Lower Court's Dismissal of Request to Review Actions of the Parole Board Affirmed. Sunflower County is taxed with all costs of this appeal.


Fred L. Banks, J.
U 94-CA-00112-SCT

Holiday, Ezell , Jr. v. State of Mississippi Appeal No. 922453 from Judgment dated DECEMBER 09, 1993, Hinds County Circuit Court, First Judicial District; Denial of Post-Conviction Relief Affirmed. Hinds County is taxed with all costs of this appeal. DISPOSITION - Appellant's Motion to Supplement the Record denied. Order entered. DISPOSITION - Appellant's Motion to Amend Post Conviction Relief granted. Order entered. DISPOSITION - Appellant's Motion for Appointment of Counsel denied. Order entered.


Fred L. Banks, J.
XX 95-CC-00595-SCT

Warren, Ray, David Graham, Joyce Thornhill, Ralph Barnes, George Cato and Ricky Dale Dear v. The Mississippi Workers' Compensation Commission, Claire M. Porter, Beverly Hogan and John Nipper Appeal No. 155033 from Judgment dated MAY 09, 1995, Hinds County Chancery Court, First Judicial District; Affirmed. Lee, C.J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion. Appellants are taxed with all costs of this appeal


Fred L. Banks, J.
X 95-CA-00888-SCT

Russell, Jennie v. Orr, Dr. Edwin R. and Pontotoc Health Services, Inc. Appeal No. 91234 from Judgment dated JULY 18, 1995, Pontotoc County Circuit Court; Reversed and Remanded. Lee, C.J., and McRae, J., Concur in result only. Roberts, J., Not Participating. Appellees are taxed with all costs of this appeal


Edwin Lloyd Pittman, J.
UU 95-KA-01347-SCT

Thomas, Faye v. City of Carthage, Mississippi Appeal No. 8461 from Judgment dated SEPTEMBER 12, 1995, Leake County Circuit Court; Reversed and Rendered. Banks, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Smith, J. Appellee is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
UU 96-CA-00123-SCT

Whitfield, Pinkey a/k/a Pinky Whitfield a/k/a Penkey B. Whitfield v. State of Mississippi Appeal No. OK93029 from Judgment dated NOVEMBER 21, 1995, Chickasaw County Circuit Court, First Judicial District; Reversed and Remanded for proceedings not inconsistent with the Opinion of this Court. Dan Lee, C.J., Dissents with Separate Written Opinion joined by Roberts and Smith, JJ. Chickasaw County is taxed with all costs of this appeal


Dan M. Lee, C.J.
UU 96-CA-00726-SCT

Lambert, Michael W. v. Lambert, Sheila K. Appeal No. G95576 from Judgment dated JUNE 13, 1996, Hinds County Chancery Court, First Judicial District; Reversed and Remanded. Prather, P.J., Dissents with Separate Written Opinion joined by Pittman and Mills, JJ. Appellee is taxed with all costs of this appeal.


EN BANC
90-US-00515-SCT

Chase, Ricky v. State of Mississippi Appeal No. 13941 from Judgment dated FEBRUARY 28, 1990, Copiah County Circuit Court; DISPOSITION - State's Motion to Reset Execution Date granted. October 22, 1997, is hereby set as the date for execution of the appellant in the manner provided by law. Order entered.


EN BANC
X 93-CT-01378-SCT

Nicholson, Eddie v. State of Mississippi Appeal No. 4575 from Judgment dated DECEMBER 02, 1993, Winston County Circuit Court; Reversed and Remanded to the Circuit Court of Winston County for a new trial. Roberts, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae and Smith, JJ., Concur. Mills, J., Not Participating. Winston County is taxed with all costs of this appeal.


EN BANC
94-CT-00354-SCT

Hanks, Michael Patrick v. State of Mississippi Appeal No. 921453 from Judgment dated DECEMBER 07, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Michael Patrick Hanks 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
94-CT-00537-SCT

Owens, McKinley v. State of Mississippi Appeal No. 932311 from Judgment dated APRIL 15, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by McKinley Owens granted. To Grant: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae and Smith, JJ. To Deny: Roberts and Mills, JJ. Order entered.


EN BANC
94-CT-00572-SCT

Caskey, Tonya Eastman, Individually and as general Guardian of the Estates of Tabitha Delva Jean Eastman and Crystal Shabon Eastman, Minors; and Cigna Insurance Company v. Prentiss County Electric Power Association Appeal No. 91CV016 from Judgment dated JUNE 08, 1994, Lauderdale 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
94-CA-00703-SCT

Roberts, Phyllis v. Grafe Auto Company Inc., Rene Clark and Sherrie Clark; Appeal No. 895150 from Judgment dated DECEMBER 05, 1991, Jackson County Circuit Court; DISPOSITION - Motion for Rehearing Denied.


EN BANC
94-DP-00760-SCT

Wilcher, Bobby Glen a/k/a Bobby Glenn Wilcher v. State of Mississippi Appeal No. 3707 from Judgment dated JUNE 23, 1994, Scott County Circuit Court; DISPOSITION - State's Motion to Reset Execution Date granted. October 29, 1997, is hereby set as the date for execution of Bobby Glen Wilcher in the manner provided by law. Order entered.


EN BANC
94-DP-00761-SCT

Wilcher, Bobby Glenn v. State of Mississippi Appeal No. 3708 from Judgment dated JULY 21, 1994, Scott County Circuit Court; DISPOSITION - State's Motion to Reset Execution Date granted. October 29, 1997, is hereby set as the date for execution of Bobby Glenn Wilcher in the manner provided by law. Order entered.


EN BANC
94-CT-01093-SCT

Tallie, Jessie a/k/a Jessie James Tallie v. State of Mississippi Appeal No. 7093 from Judgment dated OCTOBER 14, 1994, Clay County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Jessie Tallie 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
94-CT-01124-SCT

Jones, Jimmy Davis and wife, Fay Madison Jones v. Westinghouse Electric Corporation Appeal No. 927430 from Judgment dated SEPTEMBER 13, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing Denied. Lee, C.J., would grant. Banks, J., Not Participating.


EN BANC
X 95-CT-00480-SCT

Lacy, Calvin v. State of Mississippi Appeal No. 942298 from Judgment dated MARCH 14, 1995, Hinds County Circuit Court, First Judicial District; Reversed and Remanded to the Circuit Court of Hinds County for a New Trial. Roberts, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Smith and Mills, JJ., Concur. Hinds County is taxed with all costs of this appeal.


EN BANC
95-CA-00627-SCT

City of Jackson and James H. Robinson v. Lumpkin, Dell M. Appeal No. 25194760CIV from Judgment dated MAY 10, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellee's Motion to Correct Mandate denied. Pittman and McRae, JJ., would grant. Lee, C.J., Not Participating. Order entered.


EN BANC
95-CT-00775-SCT

Allison, Sharon a/k/a Carla Henderson a/k/a Sharon Areletha Allison a/k/a Carla Ann Henderson v. State of Mississippi Appeal No. 9400419 from Judgment dated MARCH 14, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Sharon Allison denied. To Deny: All Justices. Order entered


EN BANC
95-CA-01091-SCT

Wholey, Mark D., M.D. and John A. Rodgers v. Cal-Maine Foods, Inc., a Corporation; and Cal-Maine Eggs, Inc., a Corporation Appeal No. 129764 from Judgment dated SEPTEMBER 20, 1995, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion for Rehearing denied


EN BANC
XX 96-CA-00033-SCT

Sligh, William B. and Lucy M. Sligh v. First National Bank of Holmes County, Trustee; Virginia Tate and William C. Bardin Appeal No. 940321 from Judgment dated DECEMBER 29, 1995, Holmes County Chancery Court; Reversed and Rendered. Mills, J., Lee, C.J., Sullivan, P.J., Pittman, Banks, McRae and Roberts, JJ., Concur. Prather, P.J., Dissents with Separate Written Opinion joined by Smith, J. Appellee is taxed with all costs of this appeal.


EN BANC
96-CA-00056-SCT

Gilner, Ronnie Carl v. State of Mississippi Appeal No. 1129 from Judgment dated JUNE 09, 1995, Stone County Circuit Court; DISPOSITION - Motion for Rehearing Denied.


EN BANC
96-CA-00382-SCT

Harrison, Stuart v. Boyd Mississippi, Inc. Appeal No. 95999CIV from Judgment dated JANUARY 31, 1996, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing Denied. Smith, J., would grant.


EN BANC
X 97-CC-00193-SCT

Mississippi Commission on Judicial Performance v. Franklin, Brenda M. Appeal No. 95195210219 from Judgment dated FEBRUARY 14, 1997, Commission On Judicial Performance; Brenda M. Franklin shall be publicly reprimanded, fined $1,500 and suspended for thirty (30) days without pay from her duties as Justice Court Judge for the Northern District of Marshall County. Pittman, J., Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Not Participating. Franklin is taxed with all costs of this appeal