Mississippi Supreme Court

Hand Down Lists
November 20, 1997

11/20/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
XX 94-KA-00191-SCT

McFarland, Calvin a/k/a Calvin L. McFarland v. State of Mississippi Appeal No. 4511 from Judgment dated AUGUST 02, 1993, Wilkinson County Circuit Court; COUNT I: Conviction of vote fraud and Sentence of five (5) years in the custody of the Mississippi Department of Corrections and payment of a $1,000.00 fine Affirmed. COUNT III: Conviction of vote fraud and Sentence of five (5) years which is suspended and payment of a $1,000.00 fine Affirmed. Sentence in Count III shall run concurrently with sentence in Count I. Lee, C.J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal


Michael P. Mills, J.
X 95-CA-00912-SCT

Holbrook, David Michael, by and through Michael and Deborah Holbrook, his Parents and his Personal Representatives; and Paul S. Minor, Esquire v. Albright Mobile Homes, Inc. Appeal No. 9322576 from Judgment dated JUNE 08, 1995, Harrison County Circuit Court, First Judicial District; Reversed and Remanded. Appellee is taxed with all costs of this appeal.


Chuck McRae, J.
UU 96-CA-00621-SCT

Manasco, James E. v. Hazel Richie Manasco Appeal No. 950173 from Judgment dated MAY 13, 1996, Clarke County Chancery Court; Affirmed. Statutory penalties and interest are awarded. Dan Lee, C.J., Dissents with Separate Written Opinion joined by Smith, J. Appellant is taxed with all costs of this appeal.


Fred L. Banks, J.
U 94-CA-01266-SCT

Jones, Turner H. v. Delores Jones Appeal No. 940023GN from Judgment dated DECEMBER 09, 1994, Forrest County Chancery Court; Affirmed. Lee, C.J., Concurs in result only. Appellant is taxed with all costs of this appeal.


Fred L. Banks, J.
XX 96-CA-00194-SCT

Hymes, Larry a/k/a Larry Edward Hymes v. State of Mississippi Appeal No. CI950216 from Judgment dated JANUARY 19, 1996, Washington County Circuit Court; Reversed and Remanded. Dan Lee, C.J., Dissents with Separate Written Opinion joined by Smith and Mills, JJ. Washington County is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
U 96-CA-00672-SCT

McGhee, Lynwood v. Raymond Roberts, Superintendent of Mississippi Department of Corrections, and Joan Ross, Director of Mississippi Department of Corrections Disciplinary Department Appeal No. 960055 from Judgment dated JUNE 05, 1996, Sunflower County Circuit Court; Affirmed. Banks, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
U 96-CA-00708-SCT

Irving, John, III v. Director of Classification: Ann Lee and Superintendent of Mississippi State Penitentiary and Successors in Office: Raymond Roberts Appeal No. 960064 from Judgment dated JUNE 05, 1996, Sunflower County Circuit Court; Affirmed. Banks, J., Concurs in result only. Roberts, J., Not Participating. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
U 95-CA-00610-SCT

Brooks, James A. a/k/a James Anthony Brooks v. State of Mississippi Appeal No. PC31 from Judgment dated MAY 10, 1995, Marion County Circuit Court; Denial of Post-Conviction Relief Affirmed. Sullivan, P.J., Concurs in result only. Marion County is taxed with all costs of this appeal.


EN BANC
89-R -99019-SCT

In Re: Judicial Mandatory Continuing Legal Education DISPOSITION - Petition of the Committee for Mandatory Continuing Judicial Education for Amendments of the Rules and Regulations granted as shown in Exhibit A attached to this order and shall become effective January 1, 1998. Order entered.


EN BANC
XX 93-DP-00059-SCT

Berry, Earl Wesley v. State of Mississippi Appeal No. 9122 from Judgment dated JUNE 25, 1992, Chickasaw County Circuit Court; On change of venue to Union County. Remanded to the Circuit Court of Chickasaw County to conduct a Batson Hearing; Affirmed on all remaining issues. Part One: Mills, J., Lee, C.J., Sullivan, P.J., Pittman, Banks, Roberts and Smith, JJ., Concur. Prather, P.J., Concurs in part. Part Two: Pittman, J., Prather and Sullivan, P.JJ., and Banks, J., Concur. McRae, J., Concurs in result only. Mills, J., Dissents to Part Two with Separate Written Opinion joined by Lee, C.J., Roberts and Smith, JJ. Chickasaw County is taxed with all costs of this appeal.


EN BANC
UU 93-KA-00965-SCT

Nelson, Curtis Lee v. State of Mississippi Appeal No. 9769 from Judgment dated JULY 30, 1993, Adams County Circuit Court; Reversed and Rendered. Banks, J., Lee, C.J., Prather and Sullivan, P.JJ., and McRae, J., Concur. Pittman, J., Dissents with Separate Written Opinion joined by Roberts, Smith and Mills, JJ. Adams County is taxed with all costs of this appeal.


EN BANC
93-CA-01139-SCT

Jones, Wanda M. as Mother and Natural Guardian of Alexander C. Jones, Ditra S. Cooley, and Derrick L. Cooley, the Minor Heirs at Law of Willis Cooley, Deceased; and Jimmy H. Cooley as Administrator of the Estate of Willis Cooley, Deceased v. James Reeves Contractors, Inc., Howard Industries, Inc., and Foil, Wyatt, & McKewen, P.A. Appeal No. 92459 from Judgment dated SEPTEMBER 20, 1993, Jones County Circuit Court, Second Judicial District; DISPOSITION - Motion for Rehearing denied. Prather, P.J., Smith and Mills, JJ., would grant.


EN BANC
X 94-CA-00705-SCT

Walker, Jerry v. State of Mississippi Appeal No. 11015 from Judgment dated JUNE 01, 1994, Lincoln County Circuit Court; DISPOSITION - Motion for Rehearing granted. The original opinions are withdrawn and this opinion is substituted therefor. Lower Court's Denial of Post-Conviction Relief Affirmed. Pittman, J., Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith, Mills, JJ., Concur. McRae, J., Concurs in result only. Lincoln County is taxed with all costs of this appeal.


EN BANC
94-CT-00744-SCT

Bell, Noble Ray a/k/a Nobel Ray Bell v. State of Mississippi Appeal No. 933233CR from Judgment dated APRIL 07, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Bell's Petition for Writ of Certiorari 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
X 94-CT-01141-SCT

Henderson, Howard Hugh v. Mary K. Lawson Henderson Appeal No. 032416 from Judgment dated OCTOBER 12, 1994, Madison County Chancery Court; Affirmed as to granting of divorce; Reversed and Remanded on all economic issues for proceedings consistent with the Opinion of this Court. Pittman, J., Lee, C.J., Prather, P.J., Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Sullivan, P.J., Not Participating. Appellant and Appellee are taxed equally with all costs of this appeal.


EN BANC
94-CT-01196-SCT

Magee, Leroy a/k/a Leroy Magee, Jr. v. State of Mississippi Appeal No. 28302 from Judgment dated MAY 11, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Leroy Magee a/k/a Leroy Magee, Jr., denied. To Deny: All Justices. Order entered


EN BANC
95-KA-00444-SCT

Smith, Erwin J. v. City of Picayune Appeal No. A1351 from Judgment dated APRIL 07, 1995, Pearl River County Circuit Court; DISPOSITION - Appellant's pro se Notice for Reconsideration of this Court's Ruling of September 8, 1997, dismissed. Appellant has failed to file a Motion for Rehearing which complies with M.R.A.P. 40. The mandate of this Court shall issue pursuant to M.R.A.P. 41. Order entered.


EN BANC
95-CT-00868-SCT

Coleman, Evelene v. Mississippi Farm Bureau Insurance Company, Rogers McKinney and JEH Enterprises, Inc. Appeal No. 8371 from Judgment dated AUGUST 15, 1995, Bolivar County Circuit Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Evelene Coleman granted. To Grant: All Justices. Order entered.


EN BANC
X 95-KA-01113-SCT

Hennington, Matthew v. State of Mississippi Appeal No. 14724 from Judgment dated SEPTEMBER 07, 1995, Copiah County Circuit Court; Conviction of sexual battery and Sentence of thirty (30) years, with conditions, in the custody of the Mississippi Department of Corrections Affirmed. Roberts, J., Prather and Sullivan, P.JJ., Pittman, Banks, Smith and Mills, JJ., Concur. Lee, C.J., and McRae, J., Concur in result only. Appellant is taxed with all costs of this appeal.


EN BANC
96-KP-00246-SCT

White, Johnny a/k/a Johnny Lee White v. State of Mississippi Appeal No. 960017 from Judgment dated JANUARY 31, 1996, Harrison County Circuit Court, Second Judicial District; DISPOSITION - Motion for Rehearing denied.