Mississippi Supreme Court

Hand Down Lists
December 05, 1996

12/05/1996 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
U 92-KP-01314-SCT

Drankus, Michael Frederick v. State of Mississippi Appeal No. 913432 from Judgment dated NOVEMBER 30, 1992, Harrison County Circuit Court, Second Judicial District; Denial of Post-Conviction Relief Affirmed. Harrison County is taxed with all costs of this appeal.

James W. Smith, J.
U 94-CA-00108-SCT

Haynie, Benny Joe v. Shirley Jane Haynie Appeal No. 27373 from Judgment dated DECEMBER 09, 1993, Alcorn County Chancery Court; Affirmed in Part; Reversed and Rendered in Part. Lee, C.J., Concurs in result only. Appellant and Appellee are taxed equally with all costs of this appeal.

James W. Smith, J.
U 94-CA-00647-SCT

Dixon, Bernice v. Rocky Point Missionary Baptist Church, Trustee Board and Sylvester Tate Appeal No. 940026 from Judgment dated JUNE 29, 1994, Pike County Chancery Court; Judgment is Affirmed. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
XXX 94-CA-01072-SCT

Skipworth, Karen McCraw and Donna Kaylon Skipworth, a Minor, by and through Karen Skipworth, Natural Mother and Next Friend v. Shirley Rabun, Administratrix of the Estate of Bobby Rabun, Deceased, and Dixie Insurance Company Appeal No. 30072 from Judgment dated SEPTEMBER 30, 1994, Hinds County Circuit Court, First Judicial District; Judgment is Affirmed. Lee, C.J., Concurs in result only. Banks, J., Dissents with Separate Written Opinion joined by McRae, J.; McRae, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
XX 94-CA-01236-SCT

Joiner Insurance Agency, Inc. v. Principal Casualty Insurance Company Appeal No. 89376 from Judgment dated NOVEMBER 21, 1994, Wayne County Circuit Court; Judgment is Affirmed. McRae, J., Dissents with Separate Written Opinion. Lee, C.J., Not Participating. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
U 95-KP-00294-SCT

Taylor, Aaron v. State of Mississippi Appeal No. PC50 from Judgment dated JANUARY 09, 1995, Pearl River County Circuit Court; CONSOLIDATED WITH: 95-KP-00295-SCT Aaron Taylor v. State of Mississippi; Appeal No. PC51 from Judgment dated JANUARY 09, 1995, Pearl River County Circuit Court; CONSOLIDATED WITH: 95-KP-00296-SCT Aaron Taylor v. State of Mississippi; Appeal No. PC52 from Judgment dated JANUARY 09, 1995, Pearl River County Circuit Court; Denial of Post-Conviction Relief Affirmed. Pearl River County is taxed with all costs of this appeal.

James W. Smith, J.
95-KP-00295-SCT

Taylor, Aaron v. State of Mississippi Appeal No. PC51 from Judgment dated JANUARY 09, 1995, Pearl River County Circuit Court; CONSOLIDATED WITH: 95-KP-00294-SCT Aaron Taylor v. State of Mississippi; Appeal No. PC50 from Judgment dated JANUARY 09, 1995, Pearl River County Circuit Court; CONSOLIDATED WITH: 95-KP-00296-SCT Aaron Taylor v. State of Mississippi; Appeal No. PC52 from Judgment dated JANUARY 09, 1995, Pearl River County Circuit Court; Denial of Post-Conviction Relief Affirmed. Pearl River County is taxed with all costs of this appeal.

James W. Smith, J.
95-KP-00296-SCT

Taylor, Aaron v. State of Mississippi Appeal No. PC52 from Judgment dated JANUARY 09, 1995, Pearl River County Circuit Court; Denial of Post-Conviction Relief Affirmed. Pearl River County is taxed with all costs of this appeal. CONSOLIDATED WITH: 95-KP-00294-SCT Aaron Taylor v. State of Mississippi; Appeal No. PC50 from Judgment dated JANUARY 09, 1995, Pearl River County Circuit Court; CONSOLIDATED WITH: 95-KP-00295-SCT Aaron Taylor v. State of Mississippi; Appeal No. PC51 from Judgment dated JANUARY 09, 1995, Pearl River County Circuit Court.

James W. Smith, J.
U 95-KP-00590-SCT

Magnusen, William Wayne v. State of Mississippi Appeal No. 9400246 from Judgment dated JANUARY 26, 1995, Harrison County Circuit Court, Second Judicial District; Denial of Post-Conviction Relief Affirmed. Harrison County is taxed with all costs of this appeal.

James L. Roberts Jr., J.
X 94-CA-00448-SCT

Norman, Joe H. and Beverly Norman v. Henry Bucklew, Individually and in his official capacity as the Mayor of the City of Laurel, Mississippi Appeal No. 9310134 from Judgment dated MAY 03, 1994, Jones County Circuit Court, Second Judicial District; Affirmed in Part; Reversed and Remanded in Part. McRae, J., Concurs in result only. Appellant and Appellee are taxed equally with all costs of this appeal.

Chuck McRae, J.
X 93-CA-00451-SCT

State of Mississippi, Division of Medicaid in the Office of the Governor v. Elton Beebe Appeal No. 148979 from Judgment dated MARCH 25, 1993, Hinds County Chancery Court, First Judicial District; On Direct Appeal: Reversed and Rendered. On Cross Appeal: Denied. Lee, C.J., and Banks, J., Concur in results only. Pittman, J., Not Participating. Appellee is taxed with all costs of this appeal.

Lenore L. Prather, P.J.
XXX 92-CA-01236-SCT

Stewart, Lillie v. Southeast Foods, Inc. d/b/a Sunflower Foods Stores Appeal No. 9112341 from Judgment dated NOVEMBER 19, 1992, Washington County Circuit Court; Judgment is Affirmed. Banks, J., Dissents with Separate Written Opinion joined by Lee, C.J., Sullivan, P.J., and McRae, J.; McRae, J., Dissents with Separate Written Opinion. Roberts, J., Not Participating. Appellant is taxed with all costs of this appeal.

89-R-99025-SCT

In Re: Uniform Rules of Circuit and County Courts DISPOSITION - On May 16, 1996, this Court amended certain provisions of the Uniform Rules of Circuit and County Court Practice. On Court's own motion, the Order of May 16, 1996, is amended and corrected as set out in this Order. Order entered.

EN BANC
XXXX 90-CA-01182-SCT

Southwest Mississippi Regional Medical Center v. Mrs. Juedell T. Lawrence and Mississippi Hospital Employee Benefit Trust Appeal No. 4669 from Judgment dated OCTOBER 18, 1990, Pike County Circuit Court; Affirmed in Part; Reversed and Rendered in Part. Roberts, J., Lee, C.J., Prather, P.J., and Pittman, J., Concur. Banks, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Sullivan, P.J., and McRae, J.; McRae, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Sullivan, P.J., and Banks, J. Mills, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Smith, J.; Statutory penalty and interest are awarded. Appellant and Appellee are taxed equally with all costs of this appeal. DISPOSITION - Appellant's Motion for Robert W. Brumfield to Withdraw as Counsel denied. Order entered.

EN BANC
91-DP-01190-SCT

Jackson, Jr., Henry Curtis v. State of Mississippi Appeal No. 21817 from Judgment dated SEPTEMBER 14, 1991, Leflore County Circuit Court; DISPOSITION - Motion for Rehearing denied. Pittman, J., Not Participating. DISPOSITION - Motion for Modification or Clarification of Opinion granted. Opinion modified. Pittman, J., Not Participating. Order entered.

EN BANC
92-CA-00804-SCT

Soriano, Dr. A. P. v. George Ladd and Anna Ladd Appeal No. 7452 from Judgment dated JULY 07, 1992, Neshoba County Circuit Court; DISPOSITION - Motion for Rehearing denied. Lee, C.J. and Smith, J., would grant.

EN BANC
93-CA-00405-SCT

McCullough, Derwood v. Martin M. Cook Appeal No. H93085 from Judgment dated MARCH 31, 1993, Chickasaw County Circuit Court, Second Judicial District; DISPOSITION - Appellee's Motion for Correction of Opinion granted. Opinion modified. Order entered.

EN BANC
UU 93-CA-00648-SCT

Bennett, William I. v. Ellis Trucking Company Appeal No. 5032 from Judgment dated MAY 11, 1993, Pike County Circuit Court; Reversed and Remanded. Lee, C.J., Sullivan, P.J., Pittman, Banks and McRae, JJ., Concur. Roberts, J., Dissents with Separate Written Opinion joined by Prather, P.J., Smith and Mills, JJ. Appellee is taxed with all costs of this appeal.

EN BANC
93-CA-00779-SCT

Travis, Tamara B., Elijah J. Travis and Elijah J. Travis as Next Friend of Aimee Michelle Travis v. Edsel F. Stewart and Southwest Mississippi Regional Medical Center Appeal No. 5056 from Judgment dated JUNE 07, 1993, Pike County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., and McRae, J., would grant.

EN BANC
93-DP-01025-SCT

Hunter, Calvin v. State of Mississippi Appeal No. 8241 from Judgment dated JULY 14, 1993, Neshoba County Circuit Court; DISPOSITION - Motion for Rehearing denied. Concurring Opinion modified. Roberts and Smith, JJ., would grant. Lee, C.J., Not Participating.

EN BANC
93-CA-01039-SCT

Duncan, Van A. and Dr. Brian Blue v. James A. Gibson, Jr. Appeal No. 92CV157R from Judgment dated AUGUST 13, 1993, Lauderdale County Circuit Court; DISPOSITION - Motion for Rehearing Denied. DISPOSITION - Appellant's Motion for Permission to File Amendment to Petition for Rehearing Already on File denied. Order entered.

EN BANC
93-CT-01093-SCT

Harris, Frank Stutts v. State of Mississippi Appeal No. 8201 from Judgment dated AUGUST 09, 1993, Coahoma County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Harris denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, McRae, Roberts, Smith and Mills, JJ. To Grant: Banks, J. Order entered.

EN BANC
93-BR-01136-SCT

Turner, Walter Lee: In Re: The Matter of the Reinstatement of Walter Lee Turner Appeal No. 02B309 from Judgment dated MARCH 07, 1990, MS Supreme Court; DISPOSITION - By order of this Court entered on April 7, 1994, Petition for Reinstatement of Walter Lee Turner was granted with certain conditions. The Court finds that the conditions in the order of April 7, 1994 have been met. On Court's own motion, Walter Lee Turner is reinstated as a member of The Mississippi Bar subject to the following conditions. As a condition of such reinstatement, Walter Lee Turner shall, prior to resuming the practice of law, enter into a new contract of monitoring by the Lawyers and Judges Assistance Program of The Mississippi Bar for a period of two years and three months. Such contract shall forthwith be filed with the Court, and any non-compliance or positive drug tests during such period shall be reported to the Court, and the Court retains jurisdiction in this cause for further review and consideration of the successful fulfillment of such continuing conditions for such action as may be appropriate at that time. McRae and Mills, JJ., Dissent. Order entered.

EN BANC
94-CT-00586-SCT

Arkansas River Company v. SCF Transportation, Inc. Appeal No. 9212465 from Judgment dated MAY 16, 1994, Washington County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Arkansas River Company denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ. To Grant: Pittman and McRae, JJ. Order entered.

EN BANC
XX 94-BA-01178-SCT

Parrish, J. Ronald v. Mississippi Bar Appeal No. 94B333 from Judgment dated SEPTEMBER 19, 1994, Complaint Tribunal; Complaint Tribunal findings of misconduct Affirmed. Imposition of a two (2) year sentence Reversed. J. Ronald Parrish is suspended from the practice of law for one (1) year. McRae, J., Lee, C.J., Pittman, Banks and Roberts, JJ., Concur. Sullivan, P.J., Dissents with Separate Written Opinion joined by Prather, P.J., Smith and Mills, JJ. J. Ronald Parrish is taxed with all costs of this appeal.

EN BANC
94-CT-01231-SCT

Williams, Oceretta B. and Mississippi Employee Appeals Board v. Mississippi Department of Human Services Appeal No. 25194430CIV from Judgment dated OCTOBER 14, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Mississippi Department of Human Services granted. To Grant: Lee, C.J., Pittman, McRae and Mills, JJ. To Deny: Prather and Sullivan, P.JJ., Banks, Roberts and Smith, JJ. Order entered.

EN BANC
95-CT-00034-SCT

American Funeral Assurance Company v. Daisy Hubbs, Administratrix of the Estate of Lucille Kitchens, Deceased Appeal No. 151068 from Judgment dated DECEMBER 19, 1994, Hinds County Chancery Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by American Funeral Assurance Company granted. To Grant: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Deny: McRae, J. Order entered.