Mississippi Supreme Court

Hand Down Lists
December 12, 1996

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

Michael P. Mills, J.
UU 93-CA-00607-SCT

Grady, Velma v. James Alexander Appeal No. CV92143BD from Judgment dated FEBRUARY 04, 1993, DeSoto County Circuit Court; Affirmed. McRae, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal.

Michael P. Mills, J.
U 94-KP-01034-SCT

Mettetal, Jerry Wayne v. State of Mississippi Appeal No. 3967 from Judgment dated MARCH 24, 1994, Yalobusha County Circuit Court, First Judicial District; CONSOLIDATED WITH: 94-KP-01035-SCT Jerry Wayne Mettetal v. State of Mississippi; Appeal No. 3877 from Judgment dated MARCH 24, 1994, Yalobusha County Circuit Court, Second Judicial District; Lower Court's denial of Post-Conviction Relief Affirmed. Yalobusha County is taxed with all costs of this appeal. DISPOSITION - On Court's own motion No. 94-KP-01034-SCT is consolidated with No. 94-KP-01035-SCT. Order entered.

Michael P. Mills, J.
94-KP-01035-SCT

Mettetal, Jerry Wayne v. State of Mississippi Appeal No. 3877 from Judgment dated MARCH 24, 1994, Yalobusha County Circuit Court, Second Judicial District; Lower Court's denial of Post-Conviction Relief Affirmed. Yalobusha County is taxed with all costs of this appeal. DISPOSITION - On Court's own motion No. 94-KP-01034-SCT is consolidated with No. 94-KP-01035-SCT. Order entered. CONSOLIDATED WITH: U 94-KP-01034-SCT Jerry Wayne Mettetal v. State of Mississippi; Appeal No. 3967 from Judgment dated MARCH 24, 1994, Yalobusha County Circuit Court, First Judicial District.

Michael P. Mills, J.
U 96-KP-00083-SCT

Bivens, Charles E. a/k/a Charlie Ervin Bivens a/k/a Charlie C. Bivens v. State of Mississippi Appeal No. 3061 from Judgment dated FEBRUARY 07, 1996, Greene County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Greene County is taxed with all costs of this appeal.

James W. Smith, J.
UU 92-KA-00441-SCT

Holtzclaw, Roger v. State of Mississippi Appeal No. 24963 from Judgment dated JANUARY 08, 1991, Harrison County Circuit Court, First Judicial District; Conviction of armed robbery and Sentence of twenty-five years in the custody of the Mississippi Department of Corrections Affirmed. Sullivan, P.J., Dissents with Separate Written Opinion joined by Pittman and McRae, JJ. Harrison County is taxed with all costs of this appeal. DISPOSITION - Holtzclaw's Writ of Error Coram Nobis dismissed as moot. Order entered.

James W. Smith, J.
U 93-KA-00587-SCT

Holloway, David v. State of Mississippi Appeal No. 8536 from Judgment dated MARCH 25, 1993, Simpson County Circuit Court; Reversed and Remanded. Banks, J., Not Participating. Simpson County is taxed with all costs of this appeal.

James W. Smith, J.
U 93-CC-01350-SCT

Holliday, James v. Mississippi Employment Security Commission and Key Temporary Appeal No. 11698 from Judgment dated OCTOBER 14, 1993, Clay County Circuit Court; Judgment Affirmed. Banks, J., Not Participating. Appellant is taxed with all costs of this appeal.

James L. Roberts Jr., J.
X 93-CA-00148-SCT

Wilbourn, R. E. v. Stennett, Wilkinson & Ward, a Professional Corporation and Gene A. Wilkinson, J. Stephen Wright, James C. Martin, James R. Mozingo, Stanley Q. Smith, Mark A. Carlson, Erwin C. Ward, Individually, Jointly and Severally Appeal No. 9064008 from Judgment dated JANUARY 19, 1993, Hinds County Circuit Court, First Judicial District; Judgment is Affirmed. Banks, J., Not Participating. Appellant is taxed with all costs of this appeal. DISPOSITION - Erwin C. Ward's Motion to Strike Wilbourn's References To Matters Not In Record On Appeal denied. Order entered.

James L. Roberts Jr., J.
U 93-CA-01103-SCT

Benson, Patricia Boyd v. Gary Wayne Benson Appeal No. 14224003 from Judgment dated AUGUST 25, 1993, Hinds County Chancery Court, First Judicial District; Judgment is Affirmed. Statutory penalty and interest are awarded. Appellant is taxed with all costs of this appeal.

James L. Roberts Jr., J.
U 94-CA-00101-SCT

Lake, Jr., Larry Roger v. Stephanie Tedford Lake Appeal No. 30791 from Judgment dated JANUARY 11, 1994, Coahoma County Chancery Court; Reversed and Remanded. Appellee is taxed with all costs of this appeal.

Chuck McRae, J.
U 94-CA-00114-SCT

Johnson, F. C. d/b/a F. C. Johnson Construction Co. v. John Hyneman Appeal No. CV93193 from Judgment dated DECEMBER 20, 1993, DeSoto County Circuit Court; Affirmed. Statutory penalties are awarded. Lee, C.J., Concurs in result only. Appellant is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 93-CC-00481-SCT

Bio Clinic Company and Insurance Company of North America v. Robert Keith Clayton Appeal No. 91276FPR from Judgment dated MARCH 30, 1993, Prentiss County Circuit Court; Affirmed. Appellant is taxed with all costs of this appeal.

Michael Sullivan, P.J.
X 93-CA-00874-SCT

City of Jackson, Mississippi v. Lakeland Lounge of Jackson, Inc. Appeal No. 15720D2 from Judgment dated JULY 19, 1993, Hinds County Chancery Court, First Judicial District; Reversed and Rendered. Appellee is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 94-CA-00616-SCT

Edmondson, Lanace W. a/k/a Lanace Carol Williams Edmondson v. Frederick E. Edmondson a/k/a Fred Edmondson Appeal No. 45894 from Judgment dated MAY 25, 1994, Lee County Chancery Court; Affirmed. Appellant is taxed with all costs of this appeal.

Michael Sullivan, P.J.
U 95-CA-01041-SCT

Gowdy, Paul v. Gary W. Mauney Appeal No. 95113 from Judgment dated SEPTEMBER 28, 1995, Tippah County Circuit Court; Affirmed. Roberts, J., Not Participating. Appellant is taxed with all costs of this appeal.

Lenore L. Prather, P.J.
U 93-KP-01392-SCT

Ward, Jr., Tanner v. State of Mississippi Appeal No. 2457 from Judgment dated OCTOBER 26, 1993, Carroll County Circuit Court, Second Judicial District; Denial of Out-of-Time Appeal Affirmed. Carroll County is taxed with all costs of this appeal.

Lenore L. Prather, P.J.
X 95-CA-00126-SCT

City of Oak Grove, Lamar County, Mississippi, IN THE MATTER OF THE INCORPORATION OF THE: Petitioners Desiring the Incorporation of Oak Grove, MS, Dr. Jesse Palmer, President, and Dr. William A. Bufkin, Vice-President; Lamar County School District; et al. v. City of Hattiesburg, Mississippi; Nelcor; the Currie Family; Wal-Mart Stores, Inc.; Melvin Stafford; Helen Marie Stafford; Newton F. Hamlin; Douglas W. Tillery; Pearl River Valley EPA; Stafford Construction Company; Lamar Bank; et al. Appeal No. 12318 from Judgment dated JANUARY 20, 1995, Lamar County Chancery Court; Affirmed. Pittman, J., Not Participating. Appellants are taxed with all costs of this appeal. DISPOSITION - Appellees' Motion to Cite Supplemental Authorities filed by the City of Hattiesburg and Memorandum in Support of Motion to Cite Supplemental Authorities granted. Order entered.

Lenore L. Prather, P.J.
X 95-KA-00127-SCT

Ferguson, Clay v. State of Mississippi Appeal No. 9734 from Judgment dated JANUARY 11, 1995, Attala County Circuit Court; COUNT I: As to Robbery Conviction: Denial of Post-Conviction Relief Affirmed. COUNT II: As to Burglary: Denial of Post-Conviction Relief Reversed and Rendered. Mills, J., Concurs in result only. Attala County is taxed with all costs of this appeal.

EN BANC
XX 91-CA-00380-SCT

Leaf River Forest Products, Inc., Great Northern Nekoosa Corporation and Donald R. Hubbard v. Wesley M. Simmons Appeal No. 4566 from Judgment dated NOVEMBER 16, 1990, Greene County Circuit Court; Reversed and Rendered. Prather, P.J., Lee, C.J., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion. Sullivan, P.J., Not Participating. Appellee is taxed with all costs of this appeal. DISPOSITION - Motion of the Appellants for Leave to File Supplemental Brief granted. Order entered. DISPOSITION - Motion of the Appellants that the Court take Judicial Notice of the Filing of a Civil Action by Juror Beverly J. McLeod granted. Order entered.

EN BANC
XXX 92-KA-00252-SCT

Yates, Robert Allen v. State of Mississippi Appeal No. 7651 from Judgment dated MARCH 12, 1992, Jones County Circuit Court, Second Judicial District; Reversed as to conviction of felony child abuse; Affirmed as to conviction of misdemeanor child abuse; Remanded for resentencing for the lesser offense of misdemeanor child abuse. Mills, J., Lee, C.J., Prather, P.J., Pittman, Roberts and Smith, JJ., Concur. Banks, J., Concurs with Separate Written Opinion joined by Lee, C.J.; McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Jones County is taxed with all costs of this appeal.

EN BANC
XX 93-CC-00521-SCT

Mississipppi Transportation Commission v. Glover I. Dewease Appeal No. 7676 from Judgment dated APRIL 05, 1993, Neshoba County Circuit Court; On Direct Appeal: Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part for proceedings consistent with the Opinion of this Court. On Cross-Appeal: Affirmed in Part; Remanded in Part for proceedings consistent with the Opinion of this Court. McRae, J., Lee, C.J., Prather, P.J., Pittman, Roberts and Smith, JJ., Concur. Mills, J., Concurs in result only. Sullivan, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Banks, J. Appellee is taxed with all costs of this appeal.

EN BANC
93-CT-01084-SCT

Banks, Ricky and Wayne Fondren v. E.L.G., a Minor, who sues by and through her Mother and Next Friend, C.A.G., and her Grandparents and Legal Custodians, C.N. and A.N. Appeal No. 9234 from Judgment dated JUNE 24, 1993, Chickasaw County Circuit Court, First Judicial District; DISPOSITION - On Court's own Motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for decision on Appellants' Petition for Writ of Certiorari under M.R.A.P. 17(e) is extended until February 19, 1997. Within thirty (30) days of this order the parties shall advise this Court the status of this matter unless before that time the petition for certiorari shall have been withdrawn. Order entered.

EN BANC
94-CT-00511-SCT

Miles, James E. v. Phanee Miles Appeal No. 14922 from Judgment dated APRIL 26, 1994, Harrison County Chancery Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by James E. Miles denied. To Deny: All Justices. Order entered.

EN BANC
X 95-DP-00407-SCT

Brown, Sherwood a/k/a Sherwood Dywane Brown v. State of Mississippi Appeal No. CR94201 from Judgment dated APRIL 07, 1995, DeSoto County Circuit Court; Conviction of Capital Murder (Three Counts) and Sentence of Death Affirmed. Execution date to be set within sixty days of final disposition of this case pursuant to Miss. Code Ann., Section 99-19-105(7) (1972) and M.R.A.P. 41(a). McRae, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. DeSoto County is taxed with all costs of this appeal.

EN BANC
XX 95-CA-00481-SCT

Burch, George, On Behalf of Himself and Other Objectors: IN RE: EXTENSION OF CORPORATE BOUNDARIES OF THE TOWN OF MANTACHIE, MISSISSIPPI v. Town of Mantachie, Mississippi Appeal No. 940317 from Judgment dated MARCH 01, 1995, Itawamba County Chancery Court; Affirmed. Prather, P.J., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. Lee, C.J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Appellant is taxed with all costs of this appeal.