Hand Down Lists
October 29, 1998
Smith, James W., Jr.
X
96-CA-01238-SCT
B. L. Sullivan, M. D., William R. Ford, Jr., M. D., and Mary L. S. Gaines, M. D., Individually and as Partners of Radiology Clinic v. Baptist Memorial Hospital-Golden Triangle, Inc., Baptist Memorial Health Care System, Inc., David C. Hogan, J. Stuart Mitchell, Team Radiology and D. Skip Sallee, M. D.
Lowndes Circuit Court; LCCase #95027; Ruling:09/26/1996 Howard Davis, Jr. ; Majority Opinion: Smith, J. Disposition: Judgment affirmed. Appellant taxed with costs of appeal. Votes: Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Roberts, J., Waller, J., Concur. Prather, C.J., Mills, J., Not Participating.
Smith, James W., Jr.
X
97-CA-01144-SCT
Bank of Mississippi, Trustee of MFC Services Liquidating Trust v. Mississippi Life and Health Insurance Guaranty Association
Hinds Circuit Court 1st District; LCCase #95986CIV; Ruling:08/21/1997 W. Yerger; Majority Opinion: Smith, J. Disposition: Reversed and remanded for proceedings consistent with the opinion of this Court. Appellee taxed with costs of appeal. Votes: Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Roberts, J., Waller, J., Concur. Prather, C.J., Mills, J., Not participating.
Roberts, James Lamar, Jr.
X
96-KA-01405-SCT
Simmons, Antonio, Joseph Wells, Jr., a/k/a Joseph Bradley Wells and Bobby Varnado, a/k/a Bobby Varnado, Jr. v. State of Mississippi
Lincoln Circuit Court; LCCase #11800; Ruling:11/15/1996 Keith Starrett; Majority Opinion: Roberts, J. Disposition: AS TO ANTONIO SIMMONS: Count I: Conviction of conspiracy to commit the crimes of kidnapping, sexual battery (two counts) and rape (two counts) and Sentence of three (3) years in the custody of the Mississippi Department of Corrections affirmed. Count IV: Conviction of sexual battery of Girl B and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections affirmed. Count V: Conviction of sexual battery of Girl A and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections Affirmed. Count VI: Conviction of rape of Girl B and sentence of twenty three (23) years in the custody of the Mississippi Department of Corrections affirmed. Count VII: Conviction of rape of Girl A and sentence of twenty three (23) years in the custody of the Mississippi Department of Corrections affirmed. The last eleven (11) years to be served on post release supervision. Appellant shall pay fine of $1,000.00 to the Victim's Compensation Fund, $500.00 in attorney's fees and all court costs. Sentences in all accounts to run concurrently. Appellant is given credit for jail time served. AS TO JOSEPH WELLS, JR., a/k/a JOSEPH BRADLEY WELLS: Count I: Conviction of conspiracy to commit the crimes of kidnapping, sexual battery (two counts) and rape (two counts) and sentence of three (3) years in the custody of the Mississippi Department of Corrections affirmed. Count IV: Conviction of sexual battery of Girl B and sentence of sixteen (16) years in the custody of the Mississippi Department of Corrections affirmed. Count V: Conviction of sexual battery of Girl A and Sentence of sixteen (16) years in the custody of the Mississippi Department of Corrections affirmed. Count VI: Conviction of rape of Girl B and Sentence of sixteen (16) years in the custody of the Mississippi Department of Corrections Affirmed. Count VII: Conviction of rape of Girl A and sentence of sixteen (16) years in the custody of the Mississippi Department of Corrections affirmed. The last eight (8) years to be served on post release supervision. Appellant shall pay fine of $1,000.00 to the Victim's Compensation Fund, attorney's fees, obtain his G.E.D. and pay all court costs. Sentence in all counts to run concurrently. Appellant is given credit for jail time served. AS TO BOBBY VARNADO, a/k/a BOBBY VARNADO, JR.: Count I: Conviction of conspiracy to commit the crimes of kidnapping, sexual battery (two counts) and rape (two counts) and sentence of three (3) years in the custody of the Mississippi Department of Corrections affirmed. Count IV: Conviction of sexual battery of Girl B and sentence of sixteen years (16) in the custody of the Mississippi Department of Corrections affirmed. Count V: Conviction of sexual battery of Girl A and sentence of sixteen (16) years in the custody of the Mississippi Department of Corrections affirmed. Count VI: Conviction of rape of Girl B and sentence of sixteen (16) years in the custody of the Mississippi Department of Corrections affirmed. Count VII: Conviction of rape of Girl A and sentence of sixteen (16) years in the custody of the Mississippi Department of Corrections affirmed. The last eight (8) years to be served on post release supervision. Appellant shall pay fine of $1,000.00 to the Victim's Compensation Fund and pay all court costs. Sentence in all counts to run concurrently. Appellant is given credit for jail time served. Lincoln County taxed with costs of appeal. Votes:Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Smith, J., Mills, J., Waller, J., Concur.
Roberts, James Lamar, Jr.
X
97-CC-00857-SCT
Golden Triangle Regional Solid Waste Management Authority and Mississippi Environmental Quality Permit Board v. Concerned Citizens Against the Location of the Landfill
Oktibbeha Chancery Court; LCCase #950231; Ruling:05/28/1997 Woodrow Brand, Jr.; Majority Opinion: Roberts, J. Disposition: Reversed and rendered. Appellee taxed with costs of appeal. Votes: Sullivan, P.J., Pittman, P.J., Banks, J., Smith, J., Waller, J., Concur. McRae, J., Concurs in result only. Prather, C.J., Mills, J., Not Participating.
EN BANC
XX
93-KA-00965-SCT
Nelson, Curtis Lee v. State of Mississippi
Adams Circuit Court; LCCase #9769; Ruling:07/30/1993 Richard Watson; Majority Opinion: Mills, J. Disposition: Motion for Rehearing granted. The original opinions are withdrawn and these opinions are substituted therefor. Conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Roberts, J., Smith, J., Waller, J., Concur. Dissenting Opinion: Banks, J.
Votes: Sullivan, P.J., McRae, J., Join.
EN BANC
94-KA-00042
Lewis, Sammy v. State of Mississippi
Copiah Circuit Court; LCCase #14447; Ruling:12/16/1993 Keith Starrett; Disposition: Appellant's motion to reinstate appeal, denied. To Deny: Banks, Roberts, Smith, Mills and Waller, JJ. To Grant: Prather, C.J., Sullivan and Pittman, P.JJ., and McRae, J. Order entered.
EN BANC
XXX
94-CA-00773-SCT
Mississippi, State of v. U. G.
Hinds Circuit Court 1st District; LCCase #941369; Ruling:07/01/1994 James Graves, Jr.; Majority Opinion: Pittman, P.J. Disposition: Reversed and remanded for a hearing on motion to transfer. Appellee taxed with costs of appeal. Votes: Roberts, J., Smith, J., Mills, J., Waller, J., Concur. Dissenting Opinion: Banks, J. Votes: Sullivan, P.J., McRae, J., Join. Prather, C.J., Joins in Part . Dissenting Opinion: McRae, J. Votes: Sullivan, P.J., Banks, J., Join.
EN BANC
96-KA-00400-SCT
Walters, Leonard, a/k/a Leonard James Walters v. State of Mississippi
Forrest Circuit Court; LCCase #15267; Ruling:12/07/1992 Richard McKenzie; Disposition: Motion for rehearing denied. Prather, C.J., Sullivan, P.J., Banks and McRae, JJ., would grant. Pittman, P.J., not participating.
EN BANC
XX
96-CT-00445-SCT
Southland Management Company v. Paul Brown, a Minor, By and Through His Mother and Next Friend, Alberta Brown
Hinds Circuit Court 1st District; LCCase #9066320; Ruling:03/22/1996 James Graves, Jr.; Majority Opinion: Prather, C.J. Disposition: The decision of the Court of Appeals is affirmed. Appellee taxed with costs of appeal. Votes: Pittman, P.J., Roberts, J., Smith, J., Mills, J., Concur. Dissenting Opinion: Sullivan, P.J. Votes: Banks, J., McRae, J., Waller, J., Join.
EN BANC
96-CT-01236-SCT
Byars, Kenneth J., a/k/a Kenneth Jessie Byars v. State of Mississippi
Tallahatchie Circuit Court 1st District; LCCase #9626; Ruling:10/21/1996 George Carlson, Jr.; Disposition: Petition for writ of certiorari filed by Kenneth J. Byars, denied. To Deny: All Justices. Order entered.
EN BANC
96-CT-01314-SCT
McGleachie, Danny v. State of Mississippi
Washington Circuit Court; LCCase #23879; Ruling:06/12/1995 Gray Evans; Disposition: Petition for writ of certiorari filed by Danny McGleachie, denied. To Deny: All Justices. Order entered.
EN BANC
X
98-BD-00345-SCT
The Mississippi Bar v. Winthrop G. Gardner
LCCase #98BD345; Ruling:03/09/1998; Majority Opinion: Pittman, P.J.; Disposition: Winthrop G. Gardner is hereby suspended from the practice of law in all courts in the State of Mississippi for one year, shall be readmitted only upon petition under Rule 12 of the Rules of Discipline of The Mississippi Bar and upon taking the mutli-state professional responsibility exam with a score as provided in Rule 12.5. Winthrop G. Gardner is taxed with all costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Banks, J., McRae, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur.
EN BANC
X
98-BR-00422-SCT
In Re: Petition of James C. Steele for Reinstatement to Practice Law
LCCase #96B859; Ruling:12/05/1996; Majority Opinion: Sullivan, P.J.; Disposition: Petition for reinstatement to the practice of law granted. James C. Steele taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., McRae, J., Roberts, J., Smith, J., Mills, J., Waller, J., Concur.