Mississippi Supreme Court

Hand Down Lists
December 08, 1997

12/08/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
U 96-CA-00090-SCT

Singleton, Donnie v. Steve Puckett, Commissioner of the Mississippi Department of Corrections; Raymond Roberts, Superintendant of the Mississippi Department of Corrections; Barbara Bailey, Records Director of the Mississippi Department of Corrections Appeal No. 950141M from Judgment dated DECEMBER 20, 1995, Sunflower County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Sunflower County is taxed with all costs of this appeal.

Michael P. Mills, J.
U 96-CA-01130-SCT

Houston, John Lewis a/k/a John L. Houston, Jr. v. State of Mississippi Appeal No. 96273 from Judgment dated SEPTEMBER 23, 1996, Alcorn County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Alcorn County is taxed with all costs of this appeal.

Michael P. Mills, J.
U 96-CA-01261-SCT

Greason, Raymond v. State of Mississippi Appeal No. 94068CV from Judgment dated AUGUST 20, 1996, Lowndes County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Lowndes County is taxed with all costs of this appeal.

Michael P. Mills, J.
U 97-CA-00199-SCT

Rainey, Walter Earl v. State of Mississippi Appeal No. 940011 from Judgment dated JANUARY 28, 1997, Carroll County Circuit Court, First Judicial District; Lower Court's Denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Carroll County is taxed with all costs of this appeal.

James W. Smith, J.
U 95-CA-00656-SCT

Oliver, Charles a/k/a Charles E. Oliver v. State of Mississippi Appeal No. 2828 from Judgment dated AUGUST 18, 1995, Jefferson County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Jefferson County is taxed with all costs of this appeal.

James W. Smith, J.
U 95-CA-01257-SCT

Adams, Norman Kent a/k/a "Julio" v. State of Mississippi Appeal No. 14552 from Judgment dated SEPTEMBER 27, 1995, Pike County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Pike County is taxed with all costs of this appeal.

James W. Smith, J.
U 96-CA-00735-SCT

Sheriff, Johnny v. State of Mississippi Appeal No. Z982 from Judgment dated JUNE 27, 1996, Hinds County Circuit Court, First Judicial District; Lower Court's denial of Post-Conviction Relief Affirmed. Hinds County is taxed with all costs of this appeal.

James W. Smith, J.
U 96-CA-00872-SCT

Sterling, Willie v. State of Mississippi Appeal No. 950169 from Judgment dated JULY 09, 1996, Sunflower County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Remanded to the trial court for a Rule 38 show cause hearing as to whether sanctions should be imposed against Attorney Hollowell. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.

James W. Smith, J.
U 96-CC-00921-SCT

Clancy's Lawn Care & Landscaping, Inc. v. Mississippi State Board of Contractors Appeal No. 960989 from Judgment dated AUGUST 09, 1996, Jackson County Chancery Court; Affirmed. McRae, J., Not Participating. Appellant is taxed with all costs of this appeal. On 2/12/98 the Mississippi Supreme Court directed that this opinion should be published and can be cited.

Fred L. Banks, J.
XX 95-KA-00215-SCT

Banks, Calvin v. State of Mississippi Appeal No. 6912 from Judgment dated JANUARY 20, 1995, Clay County Circuit Court; Reversed and Remanded. Lee, C.J., Concurs in result only. Smith, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Roberts and Mills, JJ. Prather, P.J., Not Participating. Clay County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 96-CA-00062-SCT

Wall, Bobby Glen a/k/a Bobby Glenn Wall, Sr. v. State of Mississippi Appeal No. 11534 from Judgment dated DECEMBER 21, 1995, Lincoln County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Lincoln County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 96-CA-00617-SCT

Clark, Cary A. a/k/a Cary Allen Clark v. State of Mississippi Appeal No. 9600187 from Judgment dated MAY 16, 1996, Harrison County Circuit Court, First Judicial District; Lower Court's denial of Post Conviction Relief Affirmed. Harrison County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 96-CA-00625-SCT

Ingram, Melvin v. State of Mississippi Appeal No. 960092 from Judgment dated MAY 08, 1996, Sunflower County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Sunflower County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 96-CA-00768-SCT

O'Farrell, Eric Damon v. State of Mississippi Appeal No. 7651 from Judgment dated JUNE 27, 1996, Hancock County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. McRae, J., Concurs in result only. Hancock County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 96-CA-00840-SCT

Seaton, James B. a/k/a James Benjamin Seaton v. State of Mississippi Appeal No. 940200 from Judgment dated JULY 08, 1996, Madison County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Madison County is taxed with all costs o this appeal.

Michael Sullivan, P.J.
U 96-CA-01004-SCT

Hardin, Jonathan v. State of Mississippi Appeal No. 4926 from Judgment dated AUGUST 27, 1996, Winston County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Winston County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 96-CA-01089-SCT

Wallace, John Henry v. State of Mississippi Appeal No. 8865 from Judgment dated AUGUST 26, 1996, Coahoma County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Lee, C.J., and Roberts, J., Concur in result only. Coahoma County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 96-CA-01144-SCT

Palmer, Sylvester v. State of Mississippi Appeal No. 943360 from Judgment dated JUNE 27, 1996, Hinds County Circuit Court, First Judicial District; Lower Court's denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Hinds County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 97-CA-00164-SCT

Terry, Kenneth Elton v. State of Mississippi Appeal No. CI960114 from Judgment dated NOVEMBER 25, 1996, Madison County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Madison County is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 97-CA-00489-SCT

Jenkins, Anthony a/k/a Anthony James Jenkins v. State of Mississippi Appeal No. 11947 from Judgment dated APRIL 07, 1997, Lafayette County Circuit Court; Lower Court's denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Lafayette County is taxed with all costs of this appeal.

EN BANC
92-IA-00397-SCT

Scott, Vivian Faith, by and Through Her Mother and Next of Kin, Cynthia Ann Scott v. Joel R. Flynt, M.D. Appeal No. 12913488 from Judgment dated APRIL 02, 1992, Forrest County Circuit Court; DISPOSITION - Motion for Rehearing denied. DISPOSITION - Mississippi Defense Lawyers Association's Motion for Leave to file Amicus Curiae Brief granted. Order entered. DISPOSITION - Motion to Consolidate No. 96-CA-00271, Tinnon v. Martin, with this appeal denied. Order entered.

EN BANC
XX 92-CA-01334-SCT

Cooper, Wallace B., Vivion A. Cooper and Buddy Ray Cooper v. General Motors Corporation, Louisa Dixon, as Commissioner of Public Safety, and Estate of William H. White (Deceased) Appeal No. 3773 from Judgment dated SEPTEMBER 18, 1992, Madison County Circuit Court; Motion for Rehearing denied. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed. Smith, J., Prather, P.J., Pittman, Roberts and Mills, JJ., Concur. Lee, C.J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J. DISPOSITION - Motion of Gwendolyn Bennett, Jacqueline Vaughn and Melvin Motton, Sr., by and through their attorneys of record for Leave to File Amicus Brief in aid to the Motion for Rehearing filed by Wallace B. Cooper, et al., granted. Amended Motion for Leave to file Amicus Brief in aid to the Motion for Rehearing filed by Wallace B. Cooper, et al., granted. Order entered. DISPOSITION - Motion of Peggy Mullins and Lena Johnson, et al., by and through their attorney of record, for Leave to File Amicus Brief in aid to the Motion for Rehearing filed by Wallace B. Cooper, et al., and joinder to the Amicus Brief filed on behalf of Joyce Pittman, Cynthia Newell and Velma Ruth Seavy granted. Order entered. DISPOSITION - Motion of Joyce H. Pittman, Cynthia Newell, Velma Ruth Seavy, Max Murland, Curtis Milsap and Perry Vaughn, by and through their attorney of record, for Leave to File Amicus Brief in aid to the Motion for Rehearing filed by Wallace B. Cooper, et al., granted. Order entered. DISPOSITION - Motion of the Mississippi Trial Lawyers Association for Leave to File Amicus Curiae Brief, and Separate Motion to Allow Brief to Exceed Page Limit granted. Order entered. DISPOSITION - Motion of Evelyn Henderson and other interested parties, by and through their attorney, for Leave to File Amicus Brief in aid to the Motion for Rehearing filed by Wallace B. Cooper, et al., granted. Order entered. DISPOSITION - Motion of Roland Lewis, Attorney, for Leave to Join the Motion for Leave to File Amicus Brief in aid to the Motion for Rehearing filed by Wallace B. Cooper, et al., and, further to join in the filing of the amicus brief of Joyce Pittman granted. Order entered. DISPOSITION - Motion to Strike Amicus Joinder denied. Order entered.

EN BANC
93-KA-00225-SCT

Morgan, Theron Ray v. State of Mississippi Appeal No. 2519 from Judgment dated JANUARY 30, 1993, Pike County County Court; DISPOSITION - Appellant's Motion to Withdraw Motion for Rehearing granted. Order entered.

EN BANC
XXXX 93-DP-00825-SCT

Kolberg, Bryan Joseph v. State of Mississippi Appeal No. E109 from Judgment dated DECEMBER 13, 1990, Hinds County Circuit Court, First Judicial District; Reversed and Remanded for proceedings not inconsistent with the opinion of this Court. Pittman, J., Sullivan, P.J., and Banks, J., Concur. Prather, P.J., Concurs in result only. McRae, J., Concurs in Result Only with Separate Written Opinion. Dan Lee, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion joined in part by Smith, J. Smith, J., Dissents with Separate Written Opinion joined by Roberts and Mills, JJ. Hinds County is taxed with all costs of this appeal. DISPOSITION - Kolberg's Motion to Strike denied. Order entered.

EN BANC
93-CT-01378-SCT

Nicholson, Eddie v. State of Mississippi Appeal No. 4575 from Judgment dated DECEMBER 02, 1993, Winston County Circuit Court; DISPOSITION - Motion for Rehearing denied. Mills, J., Not Participating.

EN BANC
XXX 94-CA-00444-SCT

Monroe, Rebecca v. James Monroe Appeal No. 27252 from Judgment dated April 27, 1994, Monroe County Chancery Court; Affirmed in Part; Reversed in Part. McRae, Pittman and Banks, JJ., Concur. Sullivan, P.J., Concurs in result only. Dan Lee, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Smith, J. Prather, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Smith and Mills, JJ. Roberts, J., Not Participating. Appellant and Appellee are taxed equally with all costs of this appeal.

EN BANC
94-CT-01176-SCT

Arbor Station IV, L. L. C., an Alabama Limited Liability Company v. Michael O. Brewer and Concerned Citizens of Long Beach, Mississippi Appeal No. 1240194126 from Judgment dated NOVEMBER 04, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Michael O. Brewer and Concerned Citizens of Long Beach, Mississippi, denied. To Deny: Lee, C.J., Prather, P.J., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. Not Participating: Sullivan, P.J. Order entered.

EN BANC
XX 95-CA-00092-SCT

Scharwath, Herbert Frank v. Dianna K. Scharwath Appeal No. 19298 from Judgment dated DECEMBER 28, 1994, Simpson County Chancery Court; DISPOSITION - Motion for Rehearing denied. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. McRae, J., Lee, C.J., Pittman, Banks, Roberts and Mills, JJ., Concur. Banks, J., Concurs with Separate Written Opinion joined by Prather and Sullivan, P.JJ., and Smith, J.

EN BANC
95-CA-00414-SCT

Naylor, Willie L., Jr. a/k/a Ramon Jafar O'Bryant, III a/k/a Ramon Jafar O'Bryant v. State of Mississippi Appeal No. 15666 from Judgment dated APRIL 04, 1995, Forrest County Circuit Court; DISPOSITION - Motion for Rehearing denied.

EN BANC
95-CA-01322-SCT

Hobson, John R. a/k/a John Richardson Hobson a/k/a John Lee Clark v. State of Mississippi Appeal No. 22139 from Judgment dated JANUARY 19, 1995, Leflore County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., would grant.

EN BANC
96-CA-00081-SCT

Brown, Keith L. a/k/a Keith John Brown v. State of Mississippi Appeal No. 6886 from Judgment dated AUGUST 02, 1995, Bolivar County Circuit Court, Second Judicial District; DISPOSITION - Motion for Rehearing denied.

EN BANC
96-CA-00206-SCT

Geter, Lisa and Fidelity and Guaranty Insurance Underwriters, Inc. v. Brandy Gardner, a Minor, and Lauren Geter, a Minor, by and through Alvin Geter, Guardian and Next Friend Appeal No. 17357 from Judgment dated FEBRUARY 26, 1996, Warren County Circuit Court; DISPOSITION - Joint Motion to Clarify or Correct the Mandate granted. The mandate shall be corrected as follows: "Affirmed. Dan Lee, C.J., Dissents with Separate Written Opinion. Appellants are taxed with all costs of this appeal." Order entered.

EN BANC
96-CA-00271-SCT

Tinnon, Lloyd Earl and Shirley Tinnon v. Frank G. Martin, M. D., William L. Striegel, M. D., J. Holtz, CRNA and James Corder, M. D. Appeal No. 9400087 from Judgment dated FEBRUARY 19, 1996, Harrison County Circuit Court, Second Judicial District; DISPOSITION - Motion to Consolidate No. 92- IA-00397, Scott v. Flynt, with this appeal denied. Order entered.

EN BANC
96-CC-00333-SCT

Gulf Park Water Company, Inc. v. Mississippi Public Service Commission Appeal No. 942893 from Judgment dated FEBRUARY 12, 1996, Jackson County Chancery Court; DISPOSITION - Motion for Rehearing denied. Prather, P.J., and Banks, J., would grant.

EN BANC
96-CC-00618-SCT

White Cypress Lakes Water, Inc. v. Mississippi Public Service Commission Appeal No. 950264 from Judgment dated MAY 08, 1996, Hancock County Chancery Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., McRae and Roberts, JJ., would grant.

EN BANC
96-CA-00686-SCT

Kirby, Virgil v. State of Mississippi Appeal No. 96005CV from Judgment dated MAY 15, 1996, Lowndes County Circuit Court; DISPOSITION - Motion for Rehearing denied.