Mississippi Supreme Court

Hand Down Lists
December 02, 1999

12/02/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Cobb, Kay Beevers
X 98-KA-00394-SCT

Birkley, Johnny and Dennis Birkley v. State of Mississippi Washington Circuit Court; LC Case#: 25378; Ruling Date: 01/22/1998; Ruling Judge: Betty Sanders; Majority Opinion: Cobb, J. Disposition: AS TO JOHNNY BIRKLEY: COUNT II: Conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, with conditions and costs, affirmed. COUNT IV: Conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, and costs, affirmed. Count II is to run concurrently with Count IV. AS TO DENNIS BIRKLEY: COUNT II: Conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, with conditions and costs, affirmed. COUNT III: Conviction of armed robbery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, and costs, affirmed. COUNT IV: Conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, affirmed. Count II is to run concurrently with Counts III and IV. Washington County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Smith, J., Mills, J., Waller, J., Concur. McRae, J., Concurs in result only.


Cobb, Kay Beevers
X 1998-KA-01114-SCT

Robinson, Juanetta, a/k/a Jeanetta Robinson v. State of Mississippi Humphreys Circuit Court; LC Case#: 5122; Ruling Date: 06/22/1998; Ruling Judge: Jannie Lewis; Majority Opinion: Cobb, J. Disposition: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, affirmed. Humphreys County taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Smith, J., Mills, J., Waller, J., Concur. McRae, J., Concurs in result only.


Waller, William L., Jr.
X 1998-KM-01116-SCT

Stidham, James Harold v. State of Mississippi Neshoba Circuit Court; LC Case#: 8587; Ruling Date: 07/09/1998; Ruling Judge: Marcus Gordon; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Smith, J., Mills, J., Cobb, J., Concur. McRae, J., Dissents Without Separate Written Opinion.


EN BANC
96-CT-00567-SCT

Waring, Shirley B. v. Richard L. Waring Warren Chancery Court; LC Case#: 940242GN; Ruling Date: 05/06/1996; Ruling Judge: Vicki Barnes; Disposition: Motion for rehearing, denied. Banks, Waller and Cobb, JJ., would grant.


EN BANC
96-CT-00567-SCT

Waring, Shirley B. v. Richard L. Waring Warren Chancery Court; LC Case#: 940242GN; Ruling Date: 05/06/1996; Ruling Judge: Vicki Barnes; Disposition: Appellee's Motion to Strike Appellant's Motion for Rehearing, denied. Order entered.


EN BANC
96-CT-00567-SCT

Waring, Shirley B. v. Richard L. Waring Warren Chancery Court; LC Case#: 940242GN; Ruling Date: 05/06/1996; Ruling Judge: Vicki Barnes; Disposition: Appellant's Motion for Attorneys' Fees, denied. Order entered.


EN BANC
97-IA-01542-SCT

City of Tupelo v. Heather J. Martin; Judy Smith, As Mother and Court Appointed Conservator of the Person and Estate of William Greg Smith; Annette McKay, Mother and Representative of the Heirs at Law of Lisa May, Deceased; Mamie Ivy, Mother and Representative of the Heirs Lee Circuit Court; LC Case#: 97193; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; 97-IA-01624-SCT City of Tupelo v. Heather J. Martin; Judy Smith, As Mother and Court Appointed Conservator of the Person and Estate of William Greg Smith; Annette McKay, Mother and Representative of the Heirs at Law of Lisa May, Deceased; Mamie Ivy, Mother and Representative of the Heirs at Law of Calandra C. Ivy, Deceased; Frankie M. Hughes, Mother and Representative of the Heirs at Law of Chris Hughes, Deceased; Delmontez Magee, Pamela Louise Harris and Lorie Lee Armstrong; Lee Circuit Court; LC Case#: 96127; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; 97-IA-01647-SCT City of Tupelo v. Willie Paul Dixon, Father and Legal Heir at Law of Marcus Dixon, Deceased; Lee Circuit Court; LC Case#: 97212RL; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; 97-IA-01648-SCT City of Tupelo v. Annie Pearl Stevens, Mother and Legal Heir at Law of Yusef McKinley, Deceased; Lee Circuit Court; LC Case#: 97193RL; Ruling Date:12/18/1997; Ruling Judge: Frank Russell; Disposition: Motion for rehearing filed by appellee, Annie Pearl Stevens, denied. Sullivan, P.J., and McRae, J., would grant.


EN BANC
97-IA-01542-SCT

City of Tupelo v. Heather J. Martin; Judy Smith, As Mother and Court Appointed Conservator of the Person and Estate of William Greg Smith; Annette McKay, Mother and Representative of the Heirs at Law of Lisa May, Deceased; Mamie Ivy, Mother and Representative of the Heirs Lee Circuit Court; LC Case#: 97193; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; 97-IA-01624-SCT City of Tupelo v. Heather J. Martin; Judy Smith, As Mother and Court Appointed Conservator of the Person and Estate of William Greg Smith; Annette McKay, Mother and Representative of the Heirs at Law of Lisa May, Deceased; Mamie Ivy, Mother and Representative of the Heirs at Law of Calandra C. Ivy, Deceased; Frankie M. Hughes, Mother and Representative of the Heirs at Law of Chris Hughes, Deceased; Delmontez Magee, Pamela Louise Harris and Lorie Lee Armstrong; Lee Circuit Court; LC Case#: 96127; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; 97-IA-01647-SCT City of Tupelo v. Willie Paul Dixon, Father and Legal Heir at Law of Marcus Dixon, Deceased; Lee Circuit Court; LC Case#: 97212RL; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; 97-IA-01648-SCT City of Tupelo v. Annie Pearl Stevens, Mother and Legal Heir at Law of Yusef McKinley, Deceased; Lee Circuit Court; LC Case#: 97193RL; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; Disposition: Motion for rehearing of appellee, Willie Paul Dixon, denied. Sullivan, P.J., and McRae, J., would grant.


EN BANC
98-CT-00069-SCT

Dunn, Oddis, and Lee Morris Dunn v. BL Development Corporation Tunica Chancery Court; LC Case#: GN970033; Ruling Date: 11/17/1997; Ruling Judge: Jon Barnwell; Disposition: Petition for Writ of Certiorari filed by Oddis Dunn and Lee Morris Dunn, denied. To Deny: All Justices. Order entered.


EN BANC
98-CA-00455-SCT

Brown, Wendell L., and Hazel Brown v. Mississippi Transportation Commission Harrison Special Court of Eminent Domain; LC Case#: 9600351; Ruling Date: 01/26/1998; Ruling Judge: Daniel Guice; Disposition: Motion for rehearing, denied. Paragraphs 28 and 29 of Opinion Modified.


EN BANC
1998-CT-01053-SCT

Greenwood, Gregory T. v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 961486; Ruling Date: 05/29/1998; Ruling Judge: William Coleman; Disposition: Petition for Writ of Certiorari filed by Gregory T. Greenwood, denied. To Deny: All Justices. Order entered.


EN BANC
1998-CP-01082-SCT

Watts, Charles A., a/k/a Charles Arnold Watts a/k/a Ernest Eldon Wood v. State of Mississippi Harrison Circuit Court 2nd District; LC Case#: 3274; Ruling Date: 05/19/1998; Ruling Judge: John Whitfield; Disposition: Motion for rehearing, denied. Sullivan, P.J., would grant. Pittman, P.J., would deny with modification to the opinion.


EN BANC
1998-CT-01179-SCT

Warren, Ray v. Pallets, Inc. Walthall Circuit Court; LC Case#: 970102; Ruling Date: 06/24/1998; Ruling Judge: Keith Starrett; Disposition: Petition for Writ of Certiorari to the Supreme Court of the State of Mississippi filed by Ray Warren, denied. To Deny: All Justices. Order entered.


EN BANC
1998-CP-01512-SCT

Rochell, Arvin Dale v. State of Mississippi Calhoun Circuit Court; LC Case#: C96069; Ruling Date: 10/01/1998; Ruling Judge: Henry Lackey; Disposition: Motion for rehearing, denied.


EN BANC
XX 1999-JP-00282-SCT

Mississippi Commission on Judicial Performance v. Lillie Blackmon Sanders Judicial Performance Commission; LC Case#: 97260; Ruling Date: 01/29/1999; Ruling Judge: Amy Whitten; Majority Opinion: Pittman, P.J. Disposition: Circuit Judge Lillie Blackmon Sanders is hereby publicly reprimanded for willful judicial misconduct and conduct which brings the judicial office into disrepute and shall pay all costs of this proceeding within 30 days of the date of this opinion. This public reprimand shall be read in open circuit court in each county of the Sixth Circuit Court District. Judge Sanders is directed to vacate immediately her prior illegal orders expunging the 1988 criminal convictions of Ronald Scott Havard and Gay Nell Havard for manufacture of a controlled substance and to give notice of such action to Ronald Scott Havard, Gay Nell Havard, the District Attorney for the Sixth Circuit Court District, and the Mississippi Commission on Judicial Performance. Lillie Blackmon Sanders is taxed with all costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Banks, J., Mills, J., Waller, J., Cobb, J., Concur. Smith, J., Dissents Without Separate Written Opinion. Dissenting Opinion: McRae, J.


EN BANC
1999-M-01239

Smith, Tommy, and Wanda Smith d/b/a Tommy Smith Delivery Service v. J & R Freight, Inc. Hinds Circuit Court 1st District; LC Case#: 251-97-1331CI; Ruling Judge: James Graves, Jr.; Disposition: Petition for Interlocutory Appeal of Certain Orders of the Circuit Court of the First Judicial District of Hinds County, Mississippi, filed by Tommy Smith and Wanda Smith, denied. To Deny: Prather, C.J., Pittman, P.J., Banks, McRae, Smith, Mills, Waller and Cobb, JJ., Not Participating: Sullivan, P.J. Order entered.


EN BANC
1999-M-01533

Scruggs, Millette, Bozeman & Dent, P.A., IN RE: Jackson Chancery Court; LC Case#: 972573; Ruling Judge: James Thomas, Jr.; Disposition: Petition for Interlocutory Appeal filed by Scruggs, Millette, Bozeman & Dent, P.A, denied. Responsive Motion for expedited treatment and to dissolve the stay entered by the trial court filed by Scruggs, Millette, Bozeman & Dent, PA., denied. Motion to Strike Responsive Pleadings filed by Scruggs, Millette, Bozeman & Dent, P.A., denied. To Deny: Prather, C.J., Pittman, P.J., Banks, Smith, Mills and Waller, JJ. Not Participating: Sullivan, P.J., McRae and Cobb, JJ. Order entered.