Mississippi Supreme Court

Hand Down Lists
October 28, 1999

10/28/1999 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
96-CT-00364-SCT

Smith, Michael Jerome v. State of Mississippi Humphreys Circuit Court; LC Case#: 4913; Ruling Date: 03/06/1996; Ruling Judge: Jannie Lewis; Disposition: Petition for Writ of Certiorari filed by Michael Jerome Smith, ismissed. Smith did not timely file a motion for rehearing from the judgment of the Court of Appeals. Order entered.


EN BANC
97-CT-00940-SCT

Milliorn, Patrick Michael v. State of Mississippi Scott Circuit Court; LC Case#: 4665; Ruling Date: 06/19/1997; Ruling Judge: Marcus Gordon; Disposition: Petition for Writ of Certiorari filed by Patrick Michael Milliorn, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Smith, Waller and Cobb, JJ. To Grant: Mills, J. Order entered.


EN BANC
X 97-IA-01214-SCT

Public Employees Retirement System of Mississippi (PERS) v. Armis E. Hawkins Chickasaw Circuit Court 1st District; LC Case#: H97049; Ruling Date: 08/19/1997; Ruling Judge: Henry Lackey; Majority Opinion: Banks, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Sullivan, P.J., McRae, J., Waller, J., Cobb, J., Concur. Prather, C.J., Pittman, P.J., Smith, J., Mills, J., Not Participating.


EN BANC
97-CT-01347-SCT

Bowen, Roger v. City of Holly Springs, Mississippi and Mississippi Municipal Workers' Compensation Commission Marshall Circuit Court; LC Case#: M97334; Ruling Date: 10/02/1997; Ruling Judge: R. Coleman; Disposition: Petition for Writ of Certiorari filed by Roger Bowen, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Smith, Mills, Waller and Cobb, JJ. To Grant: Banks and McRae, JJ. Order entered.


EN BANC
97-CT-01378-SCT

BREWER, ROCKY ROBERT, DECEASED: IN THE MATTER OF THE ESTATE OF; Barbara Balsara, Administratrix of the Estate of Rocky Robert Brewer, Deceased v. Tanja Adams Rankin Chancery Court; LC Case#: 42214; Ruling Date: 10/01/1997; Ruling Judge: Thomas Zebert; Disposition: Petition for Writ of Certiorari filed by Tanja Adams, denied. To Deny: Sullivan and Pittman, P.JJ., Banks, McRae, Smith, Mills and Cobb, JJ. To Grant: Prather, C.J. Not Participating: Waller, J. Order entered.


EN BANC
97-CT-01407-SCT

Smith, Kenny Ray v. State of Mississippi Jones Circuit Court 2nd District; LC Case#: 10057; Ruling Date: 10/21/1997; Ruling Judge: Billy Landrum; Disposition: On Court's own motion, appeal Nos. 97-CT-01407-SCT and 97-CT-01521-SCT are hereby consolidated for purposes of consideration by this Court. Sullivan, P.J., not participating. Order entered.


EN BANC
97-CT-01521-SCT

Moore, Donald Bernard, a/k/a "Donmoe" v. State of Mississippi Jones Circuit Court 2nd District; LC Case#: 10057; Ruling Date: 10/16/1997; Ruling Judge: Billy Landrum; Disposition: Petition for Writ of Certiorari filed by Donald Bernard Moore, granted. To Grant: All Justices. Order entered.


EN BANC
98-CT-00005-SCT

Smothers, Quincy v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 971186; Ruling Date: 11/19/1997; Ruling Judge: L. Hilburn, Jr.; Disposition: Petition for Writ of Certiorari filed by Quincy Smothers, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Smith, Mills and Cobb, JJ. To Grant: Waller, J. Order entered.


EN BANC
XX 98-CA-00236-SCT

Dockins, Halbert E., Jr. v. Michael S. Allred, John I. Donaldson and Allred & Donaldson, A Partnership Hinds Circuit Court 1st District; LC Case#: 96706; Ruling Date: 07/18/1997; Ruling Judge: W. Yerger; Majority Opinion: Mills, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., McRae, J., Smith, J., Concur. Cobb, J., Concurs in Part . Waller, J., Not Participating. Dissenting Opinion: Banks, J. Votes: Sullivan, P.J., Cobb, J., Join.


EN BANC
98-CC-00337-SCT

Mississippi Gaming Commission, CDS Service Company, CDS Gaming Company and Casino Data Systems v. Effie Freeman Tunica Circuit Court; LC Case#: 960078; Ruling Date: 01/30/1998; Ruling Judge: John Hatcher; Disposition: Motion for Rehearing, denied. McRae and Mills, JJ., would grant. Prather, C.J., not participating.


EN BANC
98-CT-00541-SCT

Bryant, William C., a/k/a William Curtis Bryant a/k/a William Curtis Bryant, Jr. a/k/a William "Chip" Bryant v. State of Mississippi Chickasaw Circuit Court 1st District; LC Case#: HK97039; Ruling Date: 03/24/1998; Ruling Judge: Henry Lackey; Disposition: Petition for Writ of Certiorari filed by William C. Bryant, denied. To Deny: All Justices. Order entered.


EN BANC
98-CT-00561-SCT

Roebuck, Wesley T. and Hortense I. Roebuck v. Helen J. McDade Kemper Circuit Court; LC Case#: 950024; Ruling Date: 04/02/1998; Ruling Judge: Robert Bailey; Disposition: Petition for Writ of Certiorari filed by Wesley T. Roebuck and Hortense I. Roebuck, dismissed. Pursuant to M.R.A.P. 17(b), the petition was not timely filed and may be dismissed. Order entered.


EN BANC
XX 1998-CA-01197-SCT

Lindsey, Evelyn v. Ralph D. Lindsey Forrest Chancery Court; LC Case#: 970090; Ruling Date: 06/25/1998; Ruling Judge: Sebe Dale, Jr.; Majority Opinion:Prather, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Banks, J., McRae, J., Smith, J., Mills, J., Waller, J., Concur. Sullivan, P.J., Not Participating. Dissenting Opinion: Cobb, J. Votes: Pittman, P.J., Joins.


EN BANC
1999-M-01396

Long, Kaye v. Pearl Public School District, Rankin County Public Schools, John P. Woodham, Jr., John L. Sledge, Donald R. Brooks, Sr., Lark Boyette, Linda Brownell, Delbert M. Shaw, June Goodin and Does 1 through 10 Rankin Circuit Court; LC Case#: 98-265; Ruling Judge: William Coleman; Disposition: Pearl Public School District's Petition for Permission to File an Interlocutory Appeal to the Trial Court's Decision Denying said defendant's Motion to Dismiss, denied. Sullivan, P.J., and Smith, J., not participating. Order entered.


EN BANC
1999-M-01452

Telephone Electronics Corporation , Walter J. Frank, Jr., Ronald D. Anderson, Sr., Robert L. Johnson, III and Edward Blackmon, Jr. v. Heritage Graphics, Inc., Thomas L. Gould, Jr., Suzanne G. Gould and Rainey N. Scott Hinds Circuit Court 1st District; LC Case#: 96000492CIV; Ruling Date: 08/26/1999; Ruling Judge: L. Hilburn, Jr.; Disposition: Petitioners' Petition for Interlocutory Appeal, and/or Writ of Mandamus, granted. The Hinds County Circuit Court is ordered to reset the trial date in this case after the conclusion of the upcoming legislative session, pursuant to Miss. Code Ann. Section 11-1- 9 (1991). Sullivan, P.J., and Mills, J., not participating. Order entered.


EN BANC
1999-DC-01739

Simons, In Re: Petition of Ross Parker Jackson Circuit Court; Ruling Judge: James Backstrom; Disposition: Petition of Ross Parker Simons for Certification under Mississippi Rules of Appellate Procedure, Rule 22, to Represent Defendants Sentenced to Death in Post-Conviction Relief Proceedings, granted. This Court does hereby certify that Ross Parker Simons is qualified for appointment to represent persons under sentence of death in state post-conviction proceedings. Such certification shall be valid as authorization of this Court for appointment of Mr. Simons in death penalty post-conviction proceedings for a period of one year from the date of entry of this order, and to the conclusion of proceedings as to which he is appointed during such period. At the end of such period, Mr. Simons shall be eligible for consideration for an extension of his certification. Further, Mr. Simons shall not be appointed in any death penalty post-conviction proceedings for persons represented by himself or by the Jackson County Public Defenders Office in trial or direct appeal except on further specific order of this Court. McRae, J., Not Participating. Order entered.