Mississippi Supreme Court

Hand Down Lists
November 24, 1999

11/24/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W., Jr.
X 1998-CA-00863-SCT

T., J. R., and K. T. v. Harrison County Family Court Harrison Family Court; LC Case#: 8073A; Ruling Date: 08/17/1998; Ruling Judge: Michael Ward; Majority Opinion: Smith, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Mills, J., Waller, J., Cobb, J., Concur. McRae, J., Concurs in result only.


Pittman, Edwin Lloyd
X 1998-CP-01595-SCT

Pickett, Phillip a/k/a Phillip Wayne Pickett v. State of Mississippi Panola Circuit Court 1st District; LC Case#: CV980093; Ruling Date: 09/22/1998; Ruling Judge: Andrew Baker; Majority Opinion: Pittman, P.J. Disposition: Affirmed. Panola County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Banks, J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur. McRae, J., Concurs in result only.


Sullivan, Michael
X 1998-KA-01014-SCT

Sheffield, Michael I., a/k/a Issac Sheffield a/k/a Michael Issac Sheffield v. State of Mississippi Lauderdale Circuit Court; LC Case#: 83597; Ruling Date: 05/08/1998; Ruling Judge: Larry Roberts; Majority Opinion: Sullivan, P.J. Disposition: Conviction of burglary of a dwelling and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, affirmed. Said sentence shall not be suspended or reduced nor shall appellant be eligible for probation, parole or any type of early release. Lauderdale County taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., McRae, J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur.


Prather, Lenore L.
X 1999-CA-00056-SCT

Knight, Gladys Phillips v. Patricia B. Minter, Donald G. Bain, Beryl J. Shows, Mae Ree Shows Thompson, Curtis C. Shows, Valda L. Shows Sizemore, Ruth Byrd, Marion Laurich, Lamar McDonald, Clara Evans, Edna T. (Tims) Tisdale, Dorothy T. Scott, Evelyn Deitz, Dovie H. Lawson Betty Jean Tims Breazeale, Charles R. Holifield, Francis Pearson, Charles McKay Tims, Sr., Virginia Ann Tims Cannon, Larry Holifield, Pauline Bald, Waide J. Galle, Frederick Ray Roman, Kenneth Larry Roman, Richard Steven Roman, Michael Allen Roman, Merrolyn Joy Tims Spicer, Jewel L. Salathe, Harold Leon Morse, Mae Ree Shows Thompson, Conservator of Lloyd Jones Shows, William E. Tims, II, Helen Claudine Morse Cook, Jim Holifield, Hazel Mildred Morse Adams, Fay Etta Morse Rhodes, Corley William Morse, Jr., Herman Joseph Tims, Otis Ray Tims, Elva Kaye Tims Lance, Gertrude Hiatt Kiittrell, and all other known or unknown heirs or devisees of C. J. Shows and/or Lena Shows, Box Energy Corporation, Murco Drilling Corporation, Roundtree & Associates, Inc., Hunt Refining Company, Miller Oil Corporation, Howard Lawson, Betty Lawson, Vera Sue Lawson, Bennie L. Lawson, Jr., Susan Elizabeth Utzman, Bryan Utzman, Scott Utzman, Michael Utzman, Constance Evelyn Lawson, Patricia Lee Lawson, Nancy Jean Lawson, Charlie Lawson, Margaret Elizabeth Anderson and C. W. (Tike) Morse; Jones Chancery Court 1st District; LC Case#: 970209; Ruling Date: 12/16/1998; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Prather, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Sullivan, P.J., Pittman, P.J., Banks, J., McRae, J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur.


EN BANC
X 96-CT-00287-SCT

Winston, Calvin, a/k/a James Calvin Winston v. State of Mississippi Yazoo Circuit Court; LC Case#: 7727; Ruling Date: 02/12/1996; Ruling Judge: Jannie Lewis; Majority Opinion: Sullivan, P.J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Calvin Winston taxed with all costs of this appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., McRae, J., Mills, J., Waller, J., Cobb, J., Concur. Smith, J., Not Participating.


EN BANC
96-CT-01042-SCT

Sharp, Shamus v. Colquitt Odom, III, Christopher McRae, Carey McRae, Philip McRae and Carolyn McRae Jasper Circuit Court 2nd District; LC Case#: 4076; Ruling Date: 11/23/1994; Ruling Judge: Robert Evans; Disposition: Petition for Writ of Certiorari filed by Shamus Sharp, 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
XX 97-IA-00629-SCT

The Housing Authority of the City of Jackson, Mississippi and John Does 1-20 v. Mario D. Lampley Hinds Circuit Court 1st District; LC Case#: 96325CIV; Ruling Date: 02/18/1997; Ruling Judge: James Graves, Jr.; Majority Opinion: Banks, J. Disposition: Vacated and Remanded. Appellee taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Cobb, J., Concur. McRae, J., Waller, J., Not Participating. Dissenting Opinion: Smith, J. Votes: Mills, J., Joins.


EN BANC
97-CA-01112-SCT

Brumfield, Keith v. Dr. C. Foster Lowe and Sean Gill, Individually, and in his Official Capacity as a Police Officer of the City of McComb, Mississippi Pike Circuit Court; LC Case#: 940144; Ruling Date: 08/21/1997; Ruling Judge: Keith Starrett; Disposition: Petition to Suspend Rules, Recall and Stay Mandate and to File a Petition for Certiorari Out of Time filed by Keith Brumfield, granted. Keith Brumfield shall have fourteen days from the date of entry of this order to file his Petition for Certiorari. Sullivan, P.J., Smith and Mills, JJ., would deny. Order entered.


EN BANC
97-CT-01117-SCT

Jenkins, Hanson, Jr., a/k/a "Bob" v. State of Mississippi Attala Circuit Court; LC Case#: 10146; Ruling Date: 09/05/1997; Ruling Judge: C. Morgan, III; Disposition: Petition for Writ of Certiorari filed by Hanson Jenkins, granted. To Grant: Sullivan and Pittman, P.JJ., Banks, McRae and Waller, JJ. To Deny: Prather, C.J., Smith, Mills and Cobb, JJ. Order entered.


EN BANC
98-CT-00516-SCT

Little, Kenneth R. v. State of Mississippi Rankin Circuit Court; LC Case#: 4400; Ruling Date: 01/17/1997; Ruling Judge: John Toney; Disposition: Petition for Writ of Certiorari from the Court of Appeals of the State of Mississippi filed by Kenneth R. Little, summarily denied. To Summarily Deny: Prather, C.J., Pittman, P.J., Banks, McRae, Smith, Mills, Waller and Cobb, JJ. To Address on the Merits: Sullivan, P.J. Order entered.


EN BANC
XXX 1998-CA-01245-SCT

State Farm Mutual Automobile Insurance Company v. Perry McGee, Robert Jacob McGee, a Minor, By and Through his Father and Natural Guardian, Harlon McGee and Harlon McGee, Individually Attala Circuit Court; LC Case#: 970038; Ruling Date: 07/13/1998; Ruling Judge: C. Morgan, III; Majority Opinion: McRae, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Sullivan, P.J., Pittman, P.J., Banks, J., Waller, J., Concur. Cobb, J., Concurs in result only. Specially Concurring Opinion: Waller, J. Votes: Banks, J., McRae, J., Mills, J., Cobb, J., Join. Dissenting Opinion: Prather, C.J. Votes: Smith, J., Joins. Disposition: Appellant's Motion for Recusal of Justice C. R. "Chuck" McRae, denied. Order entered.


EN BANC
XX 1998-KM-01252-SCT

Floyd, Graham Alexander v. City of Crystal Springs, Mississippi Copiah Circuit Court; LC Case#: 15165; Ruling Date: 07/28/1998; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, J. Disposition: Conviction of driving under the influence of intoxicating liquor and sentenced to pay a fine of $672.00, affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., Mills, J., Waller, J., Cobb, J., Concur. Dissenting Opinion: McRae, J. Votes: Sullivan, P.J., Joins. Disposition: Motion to Docket and Dismiss Appeal for Lack of Jurisdiction and to Assess Sanctions for Frivolous Appeal filed by the City of Crystal Springs, denied. Order entered.


Waller, William L., Jr.
1999-BD-01373-SCT

The Mississippi Bar v. Edward O'Neal Benson Disposition: The Mississippi Bar's formal complaint seeking the disbarment of Edward O'Neal Benson, granted. Edward O'Neal Benson is hereby disbarred from the practice of law in the State of Mississippi and his name shall be immediately removed from the rolls of The Mississippi Bar; the Clerk of the Supreme Court of Mississippi (the Clerk) shall immediately forward to the attorneys of record for each party herein a copy of this Order of Disbarment, and shall send a copy to Benson by certified mail, return receipt requested; the Clerk shall immediately forward an attested copy of this Order of Disbarment to the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi, to the Clerk of the United States Court of Appeals for the Fifth Circuit, and to the Clerk of the Supreme Court of the United States; the Clerk shall immediately forward an attested copy of this Order of Disbarment to the judges of the circuit, chancery and county courts of the districts where Benson resided and practiced law, with instructions to include a copy of this judgment upon the minutes of their respective courts; the Clerk shall forward an attested copy of this Order of Disbarment to the Executive Director of The Mississippi Bar; the Bar is entitled to recover from Benson all costs of this disciplinary proceeding, as well as all previously assessed sums. The Bar shall file its Motion for Costs and Expenses with this Court within ten (10) of the filing of this order; Benson is hereby enjoined from practicing law in Mississippi; from holding himself out as an attorney at law; from performing any legal service for others; from accepting any fee directly or indirectly for legal services to be performed for others; from appearing as counsel or in any representative capacity in any proceeding in any Court of the State of Mississippi, or before any administrative body or agency thereof; from holding himself out to others as or using his name in any manner, in conjunction with the phrases "attorney at law," "attorney," "counselor at law," "counselor," or "lawyer," for the period of his disbarment until such time as he is reinstated to the practice of law in this State by the Supreme Court of Mississippi. Within ten (10) days of receipt of this Order of Disbarment, Benson shall notify in writing each of his Mississippi clients of his disbarment and of his consequent inability to act as an attorney and shall advise each such client to promptly substitute another attorney or attorneys in his place or to seek legal advice elsewhere; Benson shall return all files, papers, monies and other properties belonging to his Mississippi clients in his possession, if any such clients request same after receiving notification from him. Within thirty (30) days of receipt of this Order of Disbarment, Benson shall file with this Court an affidavit stating that all current Mississippi clients have been notified of his disbarment and that all files, papers, monies and other property belonging to such clients have been returned as ordered herein; and showing in the cases where it was not possible to notify such clients or return their property, that due diligence was used to do so; and within ten (10) days of receipt of this Order of Disbarment, Benson shall notify every attorney and adverse party in any Mississippi proceeding in which he is involved and all affected Courts and agencies, of his disbarment and consequent inability to act as an attorney. Within thirty (30) days of receipt of this Order of Disbarment, Benson shall file with this Court an affidavit stating that all attorneys or adverse parties in any such proceeding in which he is involved, and all affected Courts and agencies, have been notified of his disbarment and consequent inability to act as an attorney. Prather, C.J., Sullivan and Pittman, P.JJ., Banks, McRae, Smith, Mills and Cobb, JJ., Concur. Order of Disbarment entered.