Mississippi Supreme Court

Hand Down Lists
November 06, 1997

11/06/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
U 94-CA-00040-SCT

Wirtz, Charlena, as Executrix of the Estate of Lena Watson Whitley, Charlena Wirtz, Lynn Wirtz, Elizabeth Wirtz, Andrew Wirtz and Clay Wirtz v. Dennis R. Switzer and Dennis R. Switzer, CPA, Ltd. Appeal No. 5701 from Judgment dated DECEMBER 06, 1993, Adams County Circuit Court; Affirmed. Lee, C.J., and McRae, J., Concur in result only. Appellant is taxed with all costs of this appeal.


Michael P. Mills, J.
UU 95-CA-01029-SCT

Bass, Jimmy v. State of Mississippi Appeal No. 7042 from Judgment dated AUGUST 11, 1995, Bolivar County Circuit Court, Second Judicial District; Lower Court's denial of Post Conviction Relief Affirmed. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J. Bolivar County is taxed with all costs of this appeal.


Michael P. Mills, J.
U 96-CA-00403-SCT

Bardney, Larry v. State of Mississippi Appeal No. 4834 from Judgment dated APRIL 15, 1996, Humphreys County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Humphreys County is taxed with all costs of this appeal.


James W. Smith, J.
U 95-CA-00598-SCT

Mann, Kelly v. State of Mississippi Appeal No. 8367 from Judgment dated JULY 21, 1995, Leake County Circuit Court; Denial of Post-Conviction Relief Affirmed. Leake County is taxed with all costs of this appeal.


James W. Smith, J.
U 96-CA-00898-SCT

Plump, Antoine v. State of Mississippi Mississippi;Appeal No. 11926 from Judgment dated MAY 14, 1996, Warren County Circuit Court; Denial of Post-Conviction Relief Affirmed. Warren County is taxed with all costs of this appeal.


James W. Smith, J.
U 96-CA-00985-SCT

Peterson, Clarence a/k/a Electric Head v. State of Mississippi Appeal No. 960122 from Judgment dated AUGUST 20, 1996, Sunflower County Circuit Court; Denial of Post-Conviction Relief Affirmed. Sunflower County is taxed with all costs of this appeal.


James W. Smith, J.
U 96-CA-01411-SCT

Young, Billy, Jr. v. State of Mississippi Appeal No. 960190 from Judgment dated DECEMBER 13, 1996, Pike County Circuit Court; Denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in Result only. Pike County is taxed with all costs of this appeal


James L. Roberts Jr., J.
U 96-CA-00519-SCT

Hailes, David Wayne v. State of Mississippi Appeal No. 960011 from Judgment dated MAY 03, 1996, Clarke County Circuit Court; Lower Court's Denial of Post-Conviction Relief Affirmed. Clarke County is taxed with all costs of this appeal. DISPOSITION - Appellant's Motion to Supplement the Brief on the Ineffective Assistance of Counsel Claim denied. Order entered.


Chuck McRae, J.
U 96-CA-00085-SCT

Walton, Joseph v. State of Mississippi CONSOLIDATED WITH: 90-KA-01252-SCT Joseph Walton v. State of Mississippi; Appeal No. M95416 from Judgment dated DECEMBER 29, 1995, Marshall County Circuit Court; Reversed. The original suspended sentence in Cause Number 7843 in the Marshall County Circuit Court is reinstated for the crime of armed robbery. Lee, C.J., Concurs in result only. Smith, J., Not Participating. Marshall County is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
96-CA-00446-SCT

Mayor and City Council of Jackson, Mississippi, Albertson's, Inc., Henderson Investment Co., Inc., Glenn Albritton, Auto Center Development, Inc., and Cypress Southern Companies Joint Venture I v. Erwin Caffey and Jitney Jungle Stores of America, Inc. Appeal No. 95638 from Judgment dated MARCH 20, 1996, Hinds County Circuit Court, First Judicial District; Joint Motion to Dismiss granted. Appeal dismissed. Appellants are taxed with all costs of this appeal. Order entered.


Lenore L. Prather, P.J.
XX 96-CA-00206-SCT

Geter, Lisa and Fidelity and Guaranty Insurance Underwriters, Inc. v. Brandy Gardner, a Minor, and Lauren Geter, a Minor, by and through Alvin Geter, Guardian and Next Friend Appeal No. 17357 from Judgment dated FEBRUARY 26, 1996, Warren County Circuit Court; Affirmed. Statutory damages are awarded. Dan Lee, C.J., Dissents with Separate Written Opinion. Appellants are taxed with all costs of this appeal.


Lenore L. Prather, P.J.
X 96-CA-00463-SCT

Hodgin, Lenzy Louis v. State of Mississippi Appeal No. 17514 from Judgment dated APRIL 23, 1996, Forrest County Circuit Court; Denial of Post-Conviction Relief Affirmed. Pittman, J., Not Participating. Forrest County is taxed with all costs of this appeal. DISPOSITION - Petition for Writ of Mandamus dismissed as moot. Pittman, J., Not Participating. Order entered. DISPOSITION - Motion for a Final Decision dismissed as moot. Pittman, J., Not Participating. Order entered.


Lenore L. Prather, P.J.
U 96-CA-00532-SCT

Hester, David E. a/k/a David Earl Hester v. State of Mississippi Appeal No. 960068 from Judgment dated MAY 23, 1996, Sunflower County Circuit Court; Revocation of Parole Affirmed. Lee, C.J., Concurs in result only. Sunflower County is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
U 96-CC-00968-SCT

Hodnett, Tammie F. v. Mississippi Department of Wildlife, Fisheries and Parks Appeal No. 95882 from Judgment dated AUGUST 06, 1996, Hinds County Circuit Court, First Judicial District; Reversed. The ruling of the Employee Appeals Board is reinstated. Lee, C.J., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
XX 93-DP-00023-SCT

Snelson, Rickey Lynn v. State of Mississippi Appeal No. 4268 from Judgment dated FEBRUARY 18, 1992, Hinds County Circuit Court, Second Judicial District; On Change of Venue to Hancock County. Reversed and Remanded for a New Trial. Banks, J., Prather and Sullivan, P.JJ., and Pittman, J., Concur. Lee, C.J., and McRae, J., Concur in result only. Mills, J., Dissents with Separate Written Opinion joined by Roberts and Smith, JJ. Hinds County is taxed with all costs of this appeal.


EN BANC
93-CT-00676-SCT

Brewer, Herbert L., III v. State of Mississippi Appeal No. 92034 from Judgment dated JUNE 07, 1993, Lee County Circuit Court; DISPOSITION - On Court's own motion the opinion rendered on September 25, 1997, is modified by replacing the first sentence of paragraph six in the original opinion with the sentence "The judgment of the lower court is affirmed without discussion as to Issue I." Further, the original opinion is withdrawn and the modified opinion is substituted therefor. Order entered.


EN BANC
93-CA-01368-SCT

Williams, George, Executor of the Estate of Charles M. Williams, Deceased; George Williams, Individually, and Mary Williams v. Joe Sam Owen Appeal No. 90656 from Judgment dated NOVEMBER 01, 1993, Harrison County Chancery Court, First Judicial District; DISPOSITION - Motions for Rehearing denied. Lee, C.J., Not Participating.


EN BANC
95-CT-00508-SCT

Mississippi, State of v. Robert T. Ballard a/k/a Robert Tom Ballard Appeal No. 2865 from Judgment dated MARCH 07, 1995, Jefferson County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Ballard denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J. Order entered.


EN BANC
95-KA-00701-SCT

Mississippi, State of v. Byron Roderick, Billy Saxton and Cynthia Saxton Appeal No. 9400474 from Judgment dated JUNE 16, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Banks, J., would grant


EN BANC
X 95-CT-00703-SCT

White, Tommy a/k/a Larry Burnside v. State of Mississippi Appeal No. 5352 from Judgment dated JUNE 26, 1995, Quitman County Circuit Court; Affirmed in Part; Reversed and Rendered in Part. Sullivan, P.J., Lee, C.J., Prather, P.J., Pittman, Banks, McRae, Roberts and Mills, JJ., Concur. Smith, J., Not Participating. Quitman County is taxed with all costs of this appeal.


EN BANC
95-CA-01261-SCT

Cities of Oxford, Carthage, Louisville, Starkville and Tupelo The, as well as the Cities of Canton, Clarksdale, Greenwood, Kosciusko and Yazoo City, acting by and through their respective Public Utility Companies v. Northeast Mississippi Electric Power Association, Tombigbee Electric Power Association, East Mississippi Electric Power Association, Four County Electric Power Association, Coahoma Electric Power Association, Yazoo Valley Electric Power Association, Missi Appeal No. 94338 from Judgment dated OCTOBER 24, 1995, Lafayette County Circuit Court; DISPOSITION - Motion for Rehearing denied. Lee, C.J., Not Participating.


EN BANC
XXX 96-CA-00064-SCT

Vice, Ronald Kenneth v. Department of Human Services, State of Mississippi Appeal No. U94344 from Judgment dated DECEMBER 18, 1995, Hinds County Chancery Court, First Judicial District; Affirmed. Banks, J., Prather and Sullivan, P.JJ., Pittman, Roberts, Smith and Mills, JJ., Concur. Dan Lee, C.J., Dissents with Separate Written Opinion joined by McRae, J. McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J. Appellant is taxed with all costs of this appeal.


EN BANC
96-CT-00656-SCT

Patrick, Willie, Jr., a/k/a Boss Hog v. State of Mississippi Appeal No. 4711 from Judgment dated JUNE 17, 1996, Scott County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Willie Patrick, Jr., a/k/a Boss Hog denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Order entered.