Mississippi Supreme Court

Hand Down Lists
December 18, 1997

12/18/1997 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
U 96-CA-01011-SCT

Lawrence, Henry, Jr. v. State of Mississippi Appeal No. 22860 from Judgment dated AUGUST 07, 1996, Leflore County Circuit Court; Lower Court's Denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Leflore County is taxed with all costs of this appeal.


Michael P. Mills, J.
U 96-CA-01100-SCT

Mills, Preston, Jr. v. State of Mississippi Appeal No. CV95232 from Judgment dated OCTOBER 24, 1995, Tate County Circuit Court; Lower Court's Denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Tate County is taxed with all costs of this appeal.


Michael P. Mills, J.
U 97-CA-00053-SCT

Harris, Joe, Jr. v. State of Mississippi Appeal No. 96386 from Judgment dated DECEMBER 11, 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. DISPOSITION - Harris' pro se Motion to Amend the Appeal Brief denied. Order entered.


Michael P. Mills, J.
U 97-CA-00551-SCT

Pilcher, James v. State of Mississippi Appeal No. 97003 from Judgment dated MARCH 26, 1997, Carroll County Circuit Court, First Judicial District; Lower Court's Denial of Post Conviction Relief Affirmed. Carroll County is taxed with all costs of this appeal.


Michael P. Mills, J.
U 97-CA-00556-SCT

Holloman, Joey L. v. State of Mississippi Appeal No. 97CV062 from Judgment dated APRIL 11, 1997, Lauderdale County Circuit Court; Lower Court's Denial of Post Conviction Relief Affirmed. Lee, C.J., Concurs in result only. Lauderdale County is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
UU 96-KA-00350-SCT

Skinner, Bryan Able v. State of Mississippi Appeal No. 6626 from Judgment dated NOVEMBER 29, 1990, Harrison County Circuit Court, Second Judicial District; Reversed and Rendered. Lee, C.J., Concurs in result only. Prather, P.J., Dissents with Separate Written Opinion joined by Roberts and Smith, JJ. Harrison County is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
X 96-CA-01043-SCT

Guthrie, Jennifer Renfroe v. Timothy Renfroe and Mattie and Fred Renfroe Appeal No. 33626 from Judgment dated AUGUST 13, 1996, Rankin County Chancery Court. CONSOLIDATED WITH: 96-CA-01166-SCT Timothy Renfroe and Mattie and Fred Renfroe v. Jennifer Renfroe Guthrie; Appeal No. 33626 from Judgment dated SEPTEMBER 23, 1996, Rankin County Chancery Court; Dismissed on Court's own motion. Jennifer Renfroe Guthrie is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
X 95-CA-01309-SCT

Jones County Grand Jury First Judicial District: Mississippi, State of, Ex Parte: v. Jeannene T. Pacific Appeal No. 95828 from Judgment dated SEPTEMBER 25, 1995, Jones County Circuit Court, First Judicial District CONSOLIDATED WITH: 95-CA-01383-SCT Ex Parte: Jones County Grand Jury, First Judicial District: State of Mississippi v. Jeannene T. Pacific; Appeal No. 95828 from Judgment dated SEPTEMBER 25, 1995, Jones County Circuit Court, First Judicial District; Reversed and Rendered. McRae, J., Concurs in result only. Appellee is taxed with all costs of this appeal. DISPOSITION - Motion to Dismiss filed by Appellees denied. Order entered.


EN BANC
89-R -99027-SCT

Mississippi Rules of Appellate Procedure, In Re: DISPOSITION - On Court's own motion, Rule 28(e) and the Comment to Rule 28 of the Mississippi Rules of Appellate Procedure are amended as set out in Order of this Court. A certified copy of this order shall be forwarded by the Clerk of this Court to West Publishing Company for publication as promptly as reasonably possible in the advance sheets of the Southern Reporter, Second Series, and on the internet site of the Supreme Court, both being the official reporters of cases decided in these Courts, and in the Mississippi Rules of Court. Order entered.


EN BANC
92-CA-00932-SCT

Mongeon, Wanda H. v. A & V Enterprises, Inc. Appeal No. 9052502 from Judgment dated JULY 17, 1992, Jackson County Circuit Court; DISPOSITION - Motion for Rehearing denied. Lee, C.J., Pittman, Roberts and Smith, JJ., would grant.


EN BANC
XX 93-KA-00591-SCT

Graves, Michael Lynn v. State of Mississippi Appeal No. 12430 from Judgment dated MAY 17, 1993, Oktibbeha County Circuit Court; Reversed and Remanded. Mills, J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Smith, JJ., Concur. Lee, C.J., Concurs in result only. McRae, J., Dissents with Separate Written Opinion. Oktibbeha County is taxed with all costs of this appeal.


EN BANC
X 93-CT-00726-SCT

Knutson, Richard A. v. Janet T. Knutson Appeal No. 53662 from Judgment dated APRIL 01, 1993, Washington County Chancery Court; Reversed and Remanded for proceedings not inconsistent with the Opinion of this Court. Pittman, J., Lee, C.J., Prather and Sullivan, P.JJ., Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Appellee is taxed with all costs of this appeal.


EN BANC
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; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., Banks and McRae, JJ., would grant.


EN BANC
94-CA-01262-SCT

Doe, T., Individually, and In Her Capacity As One of the Wrongful Death Beneficiaries of D. Doe v. Mississippi Blood Services, Inc. Appeal No. 9377302 from Judgment dated DECEMBER 02, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. McRae, J., would grant.


EN BANC
X 95-DP-00144-SCT

Woodward, Paul Everette v. State of Mississippi Appeal No. 3789 from Judgment dated SEPTEMBER 20, 1995, Perry County Circuit Court; Conviction of capital murder and Sentence of death by lethal injection 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). Prather, P.J., Lee, C.J., Banks, Roberts, Smith and Mills, JJ., Concur. Sullivan, P.J., Concurs in result only. Pittman and McRae, JJ., Not Participating. Perry County is taxed with all costs of this appeal.


EN BANC
XXX 95-CA-00268-SCT

Brown, Elemetric v. The Houston School District; Frank Alford, Betty Atkinson, Joe Harper, Bill Klauser and Robin Mathis, Members of the School Board of Trustees; Betty Holcombe and Lisa Hester, Individually and in their Official Capacities; and C. L. Stevenson, Superintende Appeal No. H92017 from Judgment dated FEBRUARY 17, 1995, Chickasaw County Circuit Court, First Judicial District; Affirmed. Dan Lee, C.J., Prather, P.J., Pittman, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion. Banks, J., Dissents in Part with Separate Written Opinion joined by Sullivan, P.J.; McRae, J., joins this opinion in part. Appellant is taxed with all costs of this appeal.


EN BANC
X 95-CT-00372-SCT

Hopkins, William L. v. Annwood J. Hopkins Appeal No. 27532 from Judgment dated MARCH 27, 1995, Pearl River County Chancery Court; Affirmed in Part; Reversed and Remanded in Part. Pittman, J., Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Concurs in result only. Appellant and Appellee are taxed equally with all costs of this appeal.


EN BANC
95-CT-00612-SCT

Sivori, Frank a/k/a Frank Savori v. State of Mississippi Appeal No. 943086 from Judgment dated SEPTEMBER 14, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Frank Sivori a/k/a Frank Savori denied. To Deny: All Justices. Order entered.


EN BANC
95-CT-00733-SCT

Pruitt, Derrick a/k/a Derrick Soloman Pruitt v. State of Mississippi Appeal No. 24287 from Judgment dated SEPTEMBER 15, 1995, Washington County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Derrick Pruitt denied. To Deny: All Justices. Order entered.


EN BANC
95-CT-00851-SCT

Pallets, Inc. and Bituminous Casualty Corporation v. Ray Warren, Pearl River Forest Products, Inc., Georgia Casualty and Surety Company, and Georgia-Pacific Corporation Appeal No. 950077 from Judgment dated JULY 10, 1995, Walthall County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Ray Warren denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts, Smith and Mills, JJ. To Grant: Banks and McRae, JJ. Order entered.


EN BANC
95-CA-01130-SCT

Walker, Clemmie Lee and Sue Davidson v. Mississippi Bureau of Narcotics Appeal No. 92064 from Judgment dated SEPTEMBER 29, 1995, Calhoun County Circuit Court; DISPOSITION - Motion for Rehearing denied. Lee, C.J., Sullivan, P.J., and McRae, J., would grant.


EN BANC
95-CT-01244-SCT

Laurel, City of v. William E. Wallace Appeal No. 9410135 from Judgment dated AUGUST 25, 1995, Jones County Circuit Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by William E. Wallace denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts, Smith and Mills, JJ. To Dismiss as Untimely Filed: Banks, J. To Grant: McRae, J. Order entered.


EN BANC
96-CT-00030-SCT

Tavares, Suzanne Ilene v. State of Mississippi Appeal No. 9942 from Judgment dated SEPTEMBER 22, 1995, Attala County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Suzanne Ilene Tavares granted. To Grant: Sullivan, P.J., Pittman, Smith and Mills, JJ. To Deny: Lee, C.J., Prather, P.J., Banks and Roberts, JJ. Not Participating. McRae, J. Order entered.


EN BANC
96-CA-00033-SCT

Sligh, William B. and Lucy M. Sligh v. First National Bank of Holmes County, Trustee; Virginia Tate and William C. Bardin Appeal No. 940321 from Judgment dated DECEMBER 29, 1995, Holmes County Chancery Court; DISPOSITION - Motions for Rehearing denied. Lee, C.J., Prather, P.J. and Smith, J., would grant. DISPOSITION - Motion for Leave to Withdraw as Counsel filed by Robert E. Box, Jr., Keith R. Raulston and the law firm of Watkins Ludlam & Stennis, P.A. granted. Order entered.


EN BANC
97-M -01369-

Council for Tobacco Research, The --U.S.A., Inc., In Re: Appeal No. 94553 Jones County Circuit Court Second Judicial District; DISPOSITION - Petition for Writ of Mandamus or Prohibition or, in the Alternative, for Interlocutory Appeal filed by The Council for Tobacco Research -- U.S.A., Inc., denied. The stay previously granted herein is dissolved. Banks, J., Not Participating. Order entered. DISPOSITION - Petitioner's Motion to Modify Order of November 25, 1997, dismissed as moot. Banks, J., Not Participating. Order entered. DISPOSITION - Petitioner's Motion for Summary Dismissal denied. Banks, J., Not Participating. Order entered.


EN BANC
97-M -01372-

Brown & Williamson Tobacco Corporation, Individually and as Successor to the American Tobacco Company, Lorillard Tobacco Company, Philip Morris Incorporated, R. J. Reynolds Tobacco Company, and the Tobacco Institute Inc., In Re: Appeal No. 94553 Jones County Circuit Court Second Judicial District; DISPOSITION - Petitioners' Petition for Writ of Prohibition and/or Mandamus or, in the Alternative, for Certification for Interlocutory Appeal, and for Stay Pending Consideration of Writ or of Interlocutory Appeal denied. The stay previously granted is dissolved. Banks, J., Not Participating. Order entered. DISPOSITION - Petitioners' Motion to Modify Order of November 25, 1997, dismissed as moot. Banks, J., Not Participating. Order entered. DISPOSITION - Petitioners' Motion for Summary Dismissal denied. Banks, J., Not Participating. Order entered.