Hand Down Lists
December 19, 1996
Michael P. Mills, J.
XXX
93-KA-00228-SCT
Hull, Jackie Lee v. State of Mississippi
Appeal No. 9010224 from Judgment dated FEBRUARY 22, 1993, Sunflower County Circuit Court; Conviction of capital rape and Sentence of twenty years, with the last ten years suspended with conditions, in the custody of the Mississippi Department of Corrections and Payment of all fees and costs Affirmed. Lee, C.J., Concurs in result only. Sullivan, P.J., Dissents with Separate Written Opinion joined by McRae, J.; Banks, J., joins this opinion except for Part VI. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J. Sunflower County is taxed with all costs of this appeal.
Michael P. Mills, J.
U 95-KP-00937-SCT
Amos, Sylvester v. State of Mississippi
Appeal No. 940223M from Judgment dated AUGUST 10, 1995, Sunflower County Circuit Court; Lower Court's denial of Post-Conviction Relief Affirmed. Sunflower County is taxed with all costs of this appeal.
James W. Smith, J.
X
93-CA-00722-SCT
Caldwell, Jr., Abb, Administrator of the Estate of Keith Caldwell, Deceased v. Alfa Insurance Company
Appeal No. 9331 from Judgment dated JUNE 01, 1993, Claiborne County Circuit Court; Affirmed. Banks, J., Not Participating. Appellant is taxed with all costs of this appeal.
James L. Roberts Jr., J.
U 93-KA-01385-SCT
Wade, Troy and Timothy Lattimore v. State of Mississippi
Appeal No. 23538 from Judgment dated NOVEMBER 23, 1993, Washington County Circuit Court; As to Troy Wade: COUNT I: Conviction of conspiracy to sell cocaine and Sentence of Five (5) years in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of sale of cocaine and Sentence of sixty (60) years in the custody of the Mississippi Department of Corrections with last ten (10) years suspended Affirmed. Count II is to run concurrently with Count I but consecutively with time now serving. As to Timothy Lattimore: COUNT I: Conviction of conspiracy to sell cocaine and Sentence of five (5) years in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of sale of cocaine and Sentence of thirty (30) years in the custody of the Mississippi Department of Corrections Affirmed. Count II is to run concurrently with Count I but consecutively with time now serving. Pittman, J., Not Participating. Washington County is taxed with all costs of this appeal.
James L. Roberts Jr., J.
X
94-CA-00032-SCT
Grant, Dr. Charles Baring Travers, David J. Barry, Frederick Paul Seabrook, Dr. Donald John Burns, Michael Robert Francis Wilkins, Mr. and Mrs. V. John Batten, Robert Kenneth Pratt, John Edward Morrell, Francis Peter Duppa-Miller, et al. v. State of Mississippi, State Bond Commission, State Bond Retirement Commission; Kirk Fordice, in his official capacities as Governor of the State of Mississippi and Commissioner of the State Bond Retirement Commission and of the State Bond Commission,et al
Appeal No. 153594 from Judgment dated DECEMBER 16, 1993, Hinds County Chancery Court, First Judicial District; Affirmed in part; Reversed and Rendered in part. Banks and Smith, JJ., Not Participating. Appellants and appellees are taxed equally with all costs of this appeal.
Chuck McRae, J.
X
94-CA-00430-SCT
Hargett, Edward, Robert D. Cook, Captain Bradford, Steve Puckett, and the Mississippi Department of Corrections v. James D. Logan, Billy Cruse, Connie S. Caldwell, Troy Blades, Lewis Collins, Richard Simmons, Charles Leonard Butcher, Danny Davis and Marcus Martinez
Appeal No. 923269 from Judgment dated APRIL 01, 1994, Sunflower County Circuit Court; Reversed and Remanded for proceedings consistent with the Opinion of this Court. Appellee is taxed with all costs of this appeal.
Fred L. Banks, J.
U 93-KA-01345-SCT
Morgan, Dennis v. State of Mississippi
Appeal No. 2312 from Judgment dated OCTOBER 20, 1993, Amite County Circuit Court; Conviction of the sale of schedule II controlled substance and Sentence of Ten (10) years, with conditions, in the custody of the Mississippi Department of Corrections Affirmed. Lee, C.J., Concurs in result only. Amite County is taxed with all costs of this appeal.
Fred L. Banks, J.
X
94-CA-00509-SCT
Caples, Edgar v. Gwendolyn Ratliff Caples
Appeal No. 152863 from Judgment dated APRIL 27, 1994, Hinds County Chancery Court, First Judicial District; Reversed and Remanded. Appellee is taxed with all costs of this appeal.
Fred L. Banks, J.
U 94-KA-01125-SCT
Wells, Jermaine a/k/a Jermaine Lamar Wells v. State of Mississippi
Appeal No. 1894 from Judgment dated SEPTEMBER 08, 1994, Sharkey County Circuit Court; Conviction of aggravated assault and Sentence of twenty (20) years in the custody of the Mississippi Department of Corrections Affirmed. Appellant is taxed with all costs of this appeal.
Michael Sullivan, P.J.
U 93-KA-01468-SCT
Anderson, Ronnie a/k/a Ronnie Cat v. State of Mississippi
Appeal No. 92100083 from Judgment dated FEBRUARY 05, 1992, Jackson County Circuit Court; COUNT I: Conviction of aggravated assualt and Sentence of fifteen years in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of aggravated assualt and Sentence of Fifteen years in the custody of the Mississippi Department of Corrections Affirmed. Sentence shall run consecutively with the sentence in Count I. Jackson County is taxed with all costs of this appeal.
Dan M. Lee, C.J.
U 93-CA-00539-SCT
Owen, Guy P. v. Wood's Smart Shoes, Inc., George D. McBrayer and Larry Wayne Tatum
Appeal No. 144711O3 from Judgment dated MAY 04, 1993, Hinds County Chancery Court, First Judicial District; Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.
EN BANC
89-R-99015-SCT
In Re: Local Rules
DISPOSITION - Petition of Chancellors Pat H. Watts, Jr., William H. Myers and Glenn Barlow for approval of proposed Rule 1-96 for the Sixteenth Chancery Court District as set out in Exhibit "A" attached to this Order granted. Lee, C.J., Prather and Sullivan, P.JJ., would deny. Order entered.
EN BANC
92-CA-00892-SCT
Columbus Paper & Chemical, Inc. v. John A. Chamberlin, Jr.
Appeal No. 18532 from Judgment dated MAY 14, 1992, Lowndes County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., Banks and McRae, JJ., would grant. Prather, P.J., Smith and Mills, JJ., Not Participating.
EN BANC
93-CA-00441-SCT
Board of Trustees of the Pascagoula Municipal Separate School District and Dr. George Ayers, IN THE INTEREST OF T. H., III, a Minor v. T. H., III, a Minor, By and Through His Parents and Next Friends, T. H., Jr. and M. A. H.
Appeal No. 12291 from Judgment dated APRIL 12, 1993, Jackson County Youth Court; DISPOSITION - Appellants' Motion for Clarification and Correction denied. McRae, J., would grant. Order entered. DISPOSITION - Motion of the Attorney General of the State of Mississippi, as Amicus Curiae, on behalf of the Mississippi State Department of Education for Clarification and Correction of Opinion granted. Opinion modified. McRae, J., would deny. Order entered.
EN BANC
93-CA-00798-SCT
Griffin, Curtis H. and Theresa Griffin v. Tall Timbers Development, Inc. and White Cypress Lakes Property Owners Association
Appeal No. 23230 from Judgment dated JUNE 23, 1993, Hancock County Chancery Court; DISPOSITION - Appellants' Motion to Amend Mandate granted. The mandate in this case is amended to read as follows: "Affirmed in Part, Reversed and Rendered in Part. McRae, J., Concurs in result only. Interest of eight percent (8%) per annum is assessed in favor of the appellants from the date of judgment. Appellants and Appellees are taxed equally with all costs of this appeal." Order entered. DISPOSITION - Motion to Amend Mandate filed by Tall Timbers Development, Inc. denied. Order entered. DISPOSITION - Motion of Appellee White Cypress Lakes Property Owners Association to Amend Mandate denied as untimely filed. Order entered.
EN BANC
93-KA-01040-SCT
Saulsberry, Larry v. State of Mississippi
Appeal No. MK92049 from Judgment dated AUGUST 25, 1993, Marshall County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., Banks and McRae, JJ., would grant.
EN BANC
93-CT-01280-SCT
Twiner, Cathie Franklin, Doyle Bratton and Norma Jean Gibbs v. Norman Gillis, Jr.
Appeal No. 35474 from Judgment dated SEPTEMBER 17, 1993, Pike County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Cathie F. Twiner, Doyle Bratton and Norma Jean Gibbs denied. To Deny: Lee, C.J., Prather, P.J., Banks, Roberts, Smith and Mills, JJ. To Grant: Sullivan, P.J., Pittman and McRae, JJ. Order entered.
EN BANC
93-CT-01406-SCT
Golden Triangle Regional Health Corporation v. Board of Supervisors of Lowndes County, Mississippi
Appeal No. 93018CV1 from Judgment dated NOVEMBER 08, 1993, Lowndes County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Golden Triangle Regional Health Corporation denied. To Deny: Lee, C.J., Sullivan, P.J., Pittman, Banks, McRae, Roberts and Smith, JJ. Not Participating: Prather, P.J., and Mills, J. Order entered. DISPOSITION - Motion of Baptist Memorial Health Care System, Inc., Baptist Memorial Health Care Development Corporation, and Baptist Memorial Hospital-Golden Triangle, Inc., for Leave to Respond to Petition for Writ of Certiorari as Amici in Support of Appellee Lowndes County, Mississippi, dismissed as moot. Order entered.
EN BANC
94-CT-00837-SCT
Harris, Roger B. v. State of Mississippi
Appeal No. 94118 from Judgment dated AUGUST 02, 1994, Hinds 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 Appellant's Petition for Writ of Certiorari under M.R.A.P. 17(e) is extended until January 18, 1997. Order entered.
EN BANC
94-CT-00917-SCT
Walker, Delois v. Brentwood Originals and Mississippi Manufacturers Association Workers' Compensation Group
Appeal No. CV940099 from Judgment dated AUGUST 19, 1994, DeSoto County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Delois Walker denied. To Deny: All Justices. Order entered.
EN BANC
X
96-CC-00393-SCT
Mississippi Commission on Judicial Performance v. Cardell Fletcher
Appeal No. 95184 from Judgment dated APRIL 12, 1996, Commission On Judicial Performance; DISPOSITION - Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance Granted. Judge Cardell Fletcher to be publicly reprimanded. Mills, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Smith, JJ., Concur. McRae, J., Not Participating. Fletcher is taxed with all costs of this appeal.
EN BANC
XX
96-FC-00482-SCT
Crowe, John David v. Brasfield & Gorrie General Contractor, Inc. and Fabarc Steel Supply, Inc.
Appeal No. 94123 from Judgment dated JANUARY 17, 1995, Fifth Circuit Court of Appeals; Certified Question Answered. Lee, C.J., Prather, P.J., Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., Pittman and Banks, JJ. Appellant and Appellees are taxed equally with all costs of this appeal.
EN BANC
X
96-CC-00845-SCT
Mississippi Commission on Judicial Performance v. J. Ted Emmanuel
Appeal No. 95145 from Judgment dated JUNE 28, 1996, Commission On Judicial Performance; Affirmed. Justice Court Judge J. Ted Emmanuel is hereby publicly reprimanded and fined $2,628.00, and all costs. Prather, P.J., Lee, C.J., Sullivan, P.J., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Not Participating. Emmanuel is taxed with all costs of this appeal.
EN BANC
96-DP-00980-SCT
Davis, Kenneth L. v. State of Mississippi
Appeal No. F73 from Judgment dated MARCH 15, 1991, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Leave to Supplement Petition for Post-Conviction Relief and to Allow the State to Supplement their Response denied. McRae and Smith, JJ., Not Participating. Order entered.