Mississippi Supreme Court

Hand Down Lists
November 13, 1997

11/13/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
XXX 95-CA-00524-SCT

Hord, Jerome v. City of Yazoo City and Buddy Woodard Appeal No. 9167453 from Judgment dated APRIL 04, 1995, Hinds County Circuit Court, First Judicial District; Reversed and Remanded. McRae, J., Concurs in result only. Dan Lee, C.J., Concurs with Separate Written Opinion joined by Pittman, Banks, McRae and Roberts, JJ. Smith, J., Dissents with Separate Written Opinion joined by Prather, P.J. Appellee is taxed with all costs of this appeal


James W. Smith, J.
U 96-CA-00912-SCT

Walker, James Norris v. State of Mississippi Appeal No. 9600108 from Judgment dated MAY 01, 1996, Harrison County Circuit Court, First Judicial District; Denial of Post-Conviction Relief Affirmed. Banks, J., Concurs in Result only. Harrison County is taxed with all costs of this appeal.


James L. Roberts Jr., J.
XXXX 95-KA-01034-SCT

Weaver, Willie v. State of Mississippi Appeal No. 9446 from Judgment dated OCTOBER 06, 1995, Jones County Circuit Court, Second Judicial District; Conviction of Felony DUI and Sentence of five (5) years, with three (3) years suspended, in the custody of the Mississippi Department of Corrections with conditions and Payment of a fine of $2,000.00 and all court costs Affirmed. Dan Lee, C.J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J.; Lee, C.J., joins in part. McRae, J., Dissents with Separate Written Opinion; Lee, C.J., joins in part. Jones County is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
X 95-CA-01036-SCT

American Federated Life Insurance Company v. George Dale, Commissioner of Insurance Appeal No. G9564 from Judgment dated SEPTEMBER 18, 1995, Hinds County Chancery Court, First Judicial District; Reversed and Rendered. Lee, C.J., Concurs in result only. Mills, J., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
94-CA-00880-SCT

Taylor, Donald E., Individually, and as Administrator of the Estate of Prentiss Taylor v. Singing River Hospital System Appeal No. 925043 from Judgment dated AUGUST 04, 1994, Jackson County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., and McRae, J., would grant.


EN BANC
XXX 94-CA-00948-SCT

Sparks, Pat, Individually and on behalf of the Heirs at Law and Wrongful Death Beneficiaries of Will Holmes, deceased, and Kimberly Taylor, a minor, By and Through Cathy Taylor, her Natural Mother and Guardian v. Myung Kim, Juan Santos, John Dial, John Berry, William Tumlinson, Medical Doctors; John Doe, Betty Doe, Richard Roe, Unknown Medical Doctors, Nurses, Officers and/or Employees of Mississippi Department of Corrections; Leroy Black, Commissioner of Mississi Appeal No. 9315913 from Judgment dated AUGUST 23, 1994, Sunflower county Circuit Court; Judgment Affirmed. Prather, P.J., Lee, C.J., Roberts, Mills and Smith, JJ., Concur. Banks, J., Dissents in Part with Separate Written Opinion joined by Sullivan, P.J., Pittman and McRae, JJ. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Pittman, J.; Banks, J., Joins in Part. Appellants are taxed with all costs of this appeal.


EN BANC
95-US-00149-SCT

Wiley, William L. v. State of Mississippi Appeal No. 3720 from Judgment dated FEBRUARY 03, 1995, DeSoto County Circuit Court; DISPOSITION - State's Motion to Reset Execution Date granted. December 10, 1997, is hereby set as the date for execution of the appellant in the manner provided by law. Order entered.


EN BANC
X 95-CT-00667-SCT

Butler, Terry v. State of Mississippi Appeal No. 94476 from Judgment dated MAY 18, 1995, Hinds County Circuit Court, First Judicial District; Reversed and Remanded for proceedings not inconsistent with the opinion of this Court. Pittman, J., Prather and Sullivan, P.JJ., Banks, McRae, Roberts and Mills, JJ., Concur. Lee, C.J., Concurs in result only. Smith, J., Not Participating. Hinds County is taxed with all costs of this appeal.


EN BANC
XXX 95-CA-01074-SCT

Sunland Publishing Company, Inc. d/b/a The Northside Sun v. The City of Jackson; Kane Ditto, Mayor; Dent Anglin, Louis Armstrong, Kenneth I. Stokes, Credell Calhoun, E. C. Foster, Marcia Weaver and Margaret Carroll Barrett as Members of the Jackson City Council Appeal No. 9536CIV from Judgment dated AUGUST 16, 1995, Hinds County Circuit Court, First Judicial District; Reversed and Remanded for Proceedings Consistent with the Opinion of this Court. Smith, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts and Mills, JJ., Concur. Banks, J., Dissents with Separate Written Opinion joined by McRae, J. McRae, J., Dissents with Separate Written Opinion joined by Banks, J. Appellee is taxed with all costs of this appeal.


EN BANC
XX 96-CA-00464-SCT

Carpenter, Coy C. v. David W. Dawson and The City of Southaven Appeal No. CV95270 from Judgment dated APRIL 05, 1996, DeSoto County Circuit Court; Judgment Affirmed. Prather, P.J., Lee, C.J., Banks, Smith and Roberts, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Pittman, J. Mills, J., Not Participating. Appellant is taxed with all costs of this appeal.


EN BANC
XX 96-CA-01124-SCT

Poole, Calvin Philip, Jr. v. Penny Woods Poole Appeal No. 35020 from Judgment dated MAY 15, 1996, Warren County Chancery Court; Affirmed. Mills, J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Smith, JJ., Concur. Dan Lee, C.J., Dissents with Separate Written Opinion joined by McRae, J. Appellant is taxed with all costs of this appeal. DISPOSITION - Motion for Award of Attorneys Fees to Appellee granted. Appellee is awarded $1,350.00 in attorney fees incurred on appeal.