Supreme Court of Mississippi Decisions 2018
Opinions 1 - 500 of 501
Date: December 13, 2018
Citation: 2013-M-00205
Date: December 13, 2018
Citation: 2015-DR-00978-SCT
The Motion to Remand and the Second Motion to Remand filed by the State are granted. The "Motion for Dismissal of Present State Appointed Counsel . . . and Termination of All Appeals and Immediately Have Execution Date Set" and the Motion for Retraction filed pro se by David Cox are remanded in part to the trial court. The Petitioner's Motion for Leave to Withdraw his Pro Se Filings and to Withdraw all Purported Waivers filed by counsel for Cox is remanded to the trial court. Agreed: All Justices. Order entered.
Date: December 13, 2018
Citation: 2016-CT-00193-SCT
The Petition for Writ of Certiorari filed by counsel for Greenwood Leflore Hospital is denied. To Deny: All Justices. Order entered.
Date: December 13, 2018
Citation: 2016-CT-00214-SCT
Date: December 13, 2018
Citation: 2016-CT-00885-SCT
The Petition for Certiorari of Sara Hodnett is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ. To Grant: Maxwell, J. Order entered.
Date: December 13, 2018
Citation: 2016-CT-01464-SCT
The Writ of Certiorari filed by Jerry Page, pro se is dismissed. Order entered.
Date: December 13, 2018
Citation: 2016-CT-01485-SCT
Kacy Williams's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.
Date: December 13, 2018
Citation: 2016-CT-01502-SCT
The Petition for Writ of Certiorari filed by Shannon Craig Parker is granted. To Grant: Waller, C.J., Kitchens, P.J., King and Ishee, JJ. To Deny: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Order entered.
Date: December 13, 2018
Citation: 2016-CT-01605-SCT
The Petition for Writ of Certiorari filed by Marquan Stover is granted. To Grant: All Justices. Order entered.
Date: December 13, 2018
Citation: 2016-CT-01704-SCT
The Petition for Writ of Certiorari to the Mississippi Supreme Court of Leslie Danielle Dewitt Pursuant to M.R.A.P. 17 is denied. All Justices Agree. Order entered.
Date: December 13, 2018
Citation: 2016-IA-01024-SCT
The Motion for Rehearing filed by the Appellees is denied. Kitchens, P.J., and King, J., would grant.
Date: December 13, 2018
Citation: 2017-CA-00978-SCT
Docket Number: 2017-CA-00978-SCT
Justia Opinion Summary: T. Mark Sledge left the law firm Grenfell Sledge and Stevens, PLLC. When he did, an issue arose regarding the fee distribution for several of the firm’s and Sledge’s cases, more specifically, the interpretation of the…
Date: December 13, 2018
Citation: 2017-CP-00828-SCT
Docket Number: 2017-CP-00828-SCT
Justia Opinion Summary: In September 2013, the Gertys filed a joint complaint for an irreconcilable-differences divorce. The joint complaint sat with the Chancery Court for almost two years, during which the parties cooperated with each other…
Date: December 13, 2018
Citation: 2017-CP-01452-SCT
Docket Numbers: 2017-CP-01452-SCT, 2017-CA-01635-SCT
Justia Opinion Summary: The issue this case presented for the Mississippi Supreme Court centered on release language in a settlement agreement. This case began as a legal malpractice action by Delie Shepard and Ashley Stowers (the Plaintiffs)…
Date: December 13, 2018
Citation: 2017-CT-00043-SCT
Reinaldo Bacallao's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.
Date: December 13, 2018
Citation: 2017-CT-00258-SCT
The Petition for a Writ of Certiorari filed pro se by Bettina Grandberry is dismissed. Order entered.
Date: December 13, 2018
Citation: 2017-CT-00331-SCT
The Petition for Writ of Certiorari filed by Misty McDaniel Campbell is denied. To Deny: All Justices. Order entered.
Date: December 13, 2018
Citation: 2017-CT-00524-SCT
The Petition for Writ of Certiorari filed by Appellant George Huey is denied. To Deny: All Justices. Order entered.
Date: December 13, 2018
Citation: 2017-CT-00612-SCT
The Petition for Writ of Certiorari filed by Cederic Young is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King and Ishee, JJ. Order entered.
Date: December 13, 2018
Citation: 2017-IA-00485-SCT
Docket Number: 2017-IA-00485-SCT
Justia Opinion Summary: In 2008, Officer Joe Edney was involved in the arrest of Carlos Williams. Williams alleged that Edney had attempted to stop a vehicle in which Williams had been a passenger. When the vehicle stopped, Williams ran until…
Date: December 13, 2018
Citation: 2018-CA-01059-SCT
The Motion for Approval of Attorney Fees filed by David P. Voisin, counsel for Appellant, is granted. To Grant: All Justices. Order entered.
Date: December 13, 2018
Citation: 89-R-99016-SCT
Order appointing Court of Appeals Judge Jack L. Wilson as a member of the Advisory Committee on Rules for a three-year term (1/1/19 through 12/31/21). All Justices Agree. Order entered 12/10/18.</ul><br><hr>
Date: December 6, 2018
Citation: 2013-M-01425
Date: December 6, 2018
Citation: 2013-M-01725
Date: December 6, 2018
Citation: 2017-CA-00804-SCT
Docket Number: 2017-CA-00804-SCT
Justia Opinion Summary: At issue before the Mississippi Supreme Court in this case was whether NRG Wholesale Generation’s proffered expert used an acceptable method to determine the “true value” of its power plant in computing ad valorem tax.…
Date: December 6, 2018
Citation: 2017-CA-01120-SCT
Docket Number: 2017-CA-01120-SCT
Justia Opinion Summary: In a contract dispute between film producer Adam Rosenfelt and the Mississippi Development Authority ("MDA"), Rosenfelt claimed the MDA promised loan guarantees so he could make movies in Mississippi. He made one film,…
Date: December 6, 2018
Citation: 2017-CA-01340-SCT
Docket Number: 2017-CA-01340-SCT
Justia Opinion Summary: The property owner failed to timely pay his taxes or to redeem them within two years of the tax sale of his property. The owner objected to the sale, asserting that he was deprived of his property without the statutorily…
Date: December 6, 2018
Citation: 2017-CC-01137-SCT
The Appellee's Motion to Dismiss the Appeal as Moot is granted. The appeal is dismissed as moot, and all costs of the appeal are assessed to the Appellant. Chamberlin, J., for the Court. Order entered.
Date: December 6, 2018
Citation: 2017-CT-00354-SCT
Abdulkhaliq Mohammed Murshid's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.
Date: December 6, 2018
Citation: 2017-DR-00870-SCT
Docket Number: 2017-DR-00870-SCT
Justia Opinion Summary: In this, Thomas Edwin Loden Jr.’s fourth petition for post-conviction relief, he challenged the Mississippi Department of Corrections’ use of midazolam in its lethal-injection protocol. He claimed that midazolam was not…
Date: December 6, 2018
Citation: 2017-DR-00989-SCT
Docket Number: 2017-DR-00989-SCT
Justia Opinion Summary: Richard Gerald Jordan was sentenced to death following his conviction on charges of kidnapping and murdering Edwina Marter in 1976. In his Second Successive Petition for Post-Conviction Relief, Jordan challenged the…
Date: December 6, 2018
Citation: 2017-M-01424
Date: December 6, 2018
Citation: 2018-M-01601-SCT
Caleb Corrothers's Petition for Interlocutory Appeal of Lafayette County Circuit Court's October 23, 2018, Order Granting Respondent's Second Motion to Compel is denied. Petitioner's Motion to Stay Proceedings in the Lafayette County Circuit Court Pending Resolution of Petition for Interlocutory Appeal of Lafayette County Circuit Court's October 23, 2018, Order Granting Respondent's Motion to Compel is denied. All Justices Agree to Deny. Order entered.
Date: November 29, 2018
Citation: 2012-M-01135
Date: November 29, 2018
Citation: 2014-DR-00808-SCT
The Motion to Withdraw as Counsel of Record filed by Jamila Virgil is granted. Jamila Virgil is withdrawn as counsel for Petitioner upon entry of the order. To Grant: All Justices. Order entered.
Date: November 29, 2018
Citation: 2014-M-00623
Date: November 29, 2018
Citation: 2014-M-00934
Date: November 29, 2018
Citation: 2015-CA-00045-SCT
Docket Number: 2015-CA-00045-SCT
Justia Opinion Summary: Dalton Trigg and his father, Dr. Stephen Trigg, sued Dalton’s former criminal-defense attorney, Steven Farese Sr., alleging professional malpractice. The circuit court held that the claims were premature because Dalton…
Date: November 29, 2018
Citation: 2015-CT-00899-SCT
Date: November 29, 2018
Citation: 2015-KA-00434-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: November 29, 2018
Citation: 2016-CT-01490-SCT
The Petition for Writ of Certiorari filed by Adam Isaac Lewis is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Randolph, P.J. Order entered.
Date: November 29, 2018
Citation: 2016-CT-01743-SCT
The Joint Petition to Withdraw Petition for Certiorari, filed by Appellants and Appellee is granted. The petition for a writ of certiorari is dismissed, and the parties shall bear their own costs. Order entered.
Date: November 29, 2018
Citation: 2016-M-00507
Date: November 29, 2018
Citation: 2017-CA-00774-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: November 29, 2018
Citation: 2017-CA-01295-SCT
Docket Number: 2017-CA-01295-SCT
Justia Opinion Summary: Michael and Vickie Kansler moved to Mississippi from New York for Michael’s job and, over the following years, exercised stock options stemming from that employment. The Kanslers took the position that the stock options’…
Date: November 29, 2018
Citation: 2017-CA-01537-SCT
Johnny Grose's motion to dismiss the appeal as moot is granted. The appeal is dismissed as moot, and all costs of the appeal are assessed to the Appellants. Coleman, J., for the Court. Order entered.
Date: November 29, 2018
Citation: 2017-CT-00417-SCT
The Petition for Writ of Certiorari filed by Calvin Lee Robinson, pro se, is dismissed. Order entered.
Date: November 29, 2018
Citation: 2017-CT-00422-SCT
The Petition for Writ of Certiorari filed by Antonio R. Weathersby is denied. To Deny: All Justices. Order entered.
Date: November 29, 2018
Citation: 2017-CT-00432-SCT
David Kent's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.
Date: November 29, 2018
Citation: 2017-CT-00548-SCT
The Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: November 29, 2018
Citation: 2017-CT-01394-SCT
The Petition for Writ of Certiorari filed by Rose Cox is denied. To Deny: All Justices. Order entered.
Date: November 29, 2018
Citation: 2017-KA-01632-SCT
Docket Number: 2017-KA-01632-SCT
Justia Opinion Summary: Brian King was indicted as a habitual offender and charged with one count of possession of a firearm by a convicted felon. After being found guilty, King was sentenced to a term of ten years without the possibility of…
Date: November 29, 2018
Citation: 2017-M-00012
The Motion for Post-Conviction Relief filed pro se by Petitioner is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King, Coleman and Ishee, JJ. Order entered.
Date: November 29, 2018
Citation: 2018-M-01003-SCT
Nationstar Mortgage LLC's Petition for interlocutory appeal is denied. To Deny: Randolph and Kitchens, P.JJ., King, Beam, Chamberlin and Ishee, JJ. To Grant: Waller, C.J., Coleman and Maxwell, JJ. Order entered.
Date: November 29, 2018
Citation: 89-R-99016-SCT
En banc order appointing or reappointing the following persons for the indicated terms as members of the Advisory Committee on Rules: Hon. Carter Bise, Hon. Ashley Hines, Hon. John H. Emfinger, Hon. Kent McDaniel, Hon. T. Larry Wilson, Justin T. Cook, Esq., Cynthia I. Mitchell, Esq., Edward J. Currie, Jr., Esq., and Prof. Donald E. Campbell. Order entered 11/15/18.</ul><br><hr>
Date: November 15, 2018
Citation: 2016-CT-01305-SCT
Lonnie Jones's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.
Date: November 15, 2018
Citation: 2016-M-01514
Date: November 15, 2018
Citation: 2017-CA-00935-SCT
Docket Number: 2017-CA-00935-SCT
Justia Opinion Summary: When Tammy Webster completed her National Guard training, she requested the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP) renew her contract as a part-time dispatcher. When MDWFP refused to rehire her,…
Date: November 15, 2018
Citation: 2017-CA-01238-SCT
Docket Number: 2017-CA-01238-SCT
Justia Opinion Summary: Gregory Nethery appealed a Circuit Court’s decision to grant a motion to compel arbitration filed by Defendants CapitalSouth Partners, Harbert Mezzanine Partners, and On-Site Fuel Services (collectively, “Defendants”).…
Date: November 15, 2018
Citation: 2017-CP-00180-SCT
Docket Number: 2017-CP-00180-SCT
Justia Opinion Summary: John Terry sued his former court-appointed attorney Oby Rogers claiming fraud, legal malpractice, and violation of his civil rights under 42 U.S.C. 1983. The trial court granted Rogers’s motion for summary judgment on…
Date: November 15, 2018
Citation: 2017-CT-00046-SCT
Meika Desean Britton's untimely filed Petition for Writ of Certiorari is dismissed. Order entered.
Date: November 8, 2018
Citation: 2015-CT-00719-SCT
Michael Ray Fontaine's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J. Order entered.
Date: November 8, 2018
Citation: 2016-CA-01057-SCT
Docket Numbers: 2016-CA-01057-SCT, 2016-CA-01116-SCT
Justia Opinion Summary: Landowners David Neil Harris, Sr., Vecie Michelle Harris (“Harris”) and Clyde H. Gunn III filed suits to confirm title to their waterfront properties in Ocean Springs, Mississippi. The State, Jackson County, and the City…
Date: November 8, 2018
Citation: 2016-CT-00983-SCT
The Petition for Writ of Certiorari filed pro se by Ricky L. Shoemaker, Sr., is denied. To Deny: Waller, C.J., Randolph, P.J., King, Beam and Ishee, JJ. To Dismiss as Untimely filed: Kitchens, P.J., Coleman, Maxwell and Chamberlin, JJ. Order entered.
Date: November 8, 2018
Citation: 2016-CT-01112-SCT
The Petition for Writ of Certiorari filed by counsel for Kendrick Lamont Casey is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., King and Coleman, JJ. Order entered.
Date: November 8, 2018
Citation: 2016-CT-01785-SCT
Date: November 8, 2018
Citation: 2017-CA-00956-SCT
Docket Number: 2017-CA-00956-SCT
Justia Opinion Summary: From November 2004 to January 2011, The Door Shop, Inc., used $36,081.86 of electricity from Alcorn County Electric Power Association (ACE). But because of a billing error, it was charged only $10,396.28. Upon…
Date: November 8, 2018
Citation: 2017-CT-00109-SCT
James Burke's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.
Date: November 8, 2018
Citation: 2017-CT-00620-SCT
Eric Brown's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J. Order entered.
Date: November 8, 2018
Citation: 2017-IA-01174-SCT
Docket Number: 2017-IA-01174-SCT
Justia Opinion Summary: Sallie Amerson sued Inland Family Clinic LLC and Dr. Ikechukwu Okorie over an allegedly defamatory statement Dr. Okorie made to another physician concerning Amerson’s apparent use of illegal drugs. The Defendants moved…
Date: November 8, 2018
Citation: 2018-M-01353-SCT
Alberto Julio Garcia's Petition for Interlocutory Appeal and Motion to Stay Proceedings are denied. To Deny the Petition and Motion: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant the Petition and Motion: Kitchens, P.J. Order entered.
Date: November 8, 2018
Citation: 89-R-99039-SCT
En Banc Order appointing these five persons as members of the State Drug Courts Advisory Committee for two-year terms (1/1/19 to 12/31/20): Hon. Robert P. Chamberlin, Hon. Charles E. Webster, Hon. Sharon W. Sigalas, Hon. Robert Helfrich, and Hon. Andrew K. Howorth. Chamberlin, J., Not Participating. Order entered on 11/02/18.</ul><br><hr>
Date: November 1, 2018
Citation: 2016-CT-01567-SCT
Date: November 1, 2018
Citation: 2017-DP-00504-SCT
Alberto Julio Garcia's Unopposed Sixth Motion for Enlargement of Time to File Brief of Appellant is granted. Absent exigent circumstances, however, no further extensions will be granted. Garcia's brief is due on or before November 26, 2018. All Justices Agree. Order entered on 10/23/18.
Date: November 1, 2018
Citation: 2018-TS-00959
The Motion for Suspension of M.R.A.P. 48C(a)(ii) and for Recusal of Justices, and to Set Aside this Court's Orders entered July 31, 2018 and August 8, 2018, is denied. All Justices Agree. Order entered 10/29/18.
Date: October 25, 2018
Citation: 2016-CA-01293-SCT
Docket Number: 2016-CA-01293-SCT
Justia Opinion Summary: James Owens had been experiencing drug-withdrawal symptoms when he wandered off his work shift onto a dark Louisiana highway. At that time, Will Gates was driving his employer’s truck when he struck Owens. Gates did not…
Date: October 25, 2018
Citation: 2016-CA-01477-SCT
Docket Number: 2016-CA-01477-SCT
Justia Opinion Summary: John Morgan submitted a public records request to the Mississippi State Hospital (“MSH”) after it had awarded a contract for insurance plan administration to XLK International, LLC (XLK). Morgan, whose bid for the…
Date: October 25, 2018
Citation: 2017-CA-01047-SCT
Docket Number: 2017-CA-01047-SCT
Justia Opinion Summary: Singing River Health System a/k/a Singing River Hospital System (“Singing River”) sued KPMG, LLP, alleging separate counts of breach of contract and negligence and/or professional malpractice based on the audits KPMG…
Date: October 25, 2018
Citation: 2017-CT-00309-SCT
The Petition for Writ of Certiorari filed pro se by Kelly Mann is denied. To Deny: All Justices. Order entered.
Date: October 25, 2018
Citation: 2017-KA-00342-SCT
Docket Number: 2017-KA-00342-SCT
Justia Opinion Summary: A jury found Tobias Coleman guilty of aggravated assault for shooting a man in the head. The judge sentenced him to twenty years’ imprisonment, with five years suspended. After review, the Mississippi Supreme Court found…
Date: October 25, 2018
Citation: 2017-KA-00883-SCT
Docket Number: 2017-KA-00883-SCT
Justia Opinion Summary: Julian Hawkins was acting "erratically and unusually," and transferred from the Forrest General Hospital Emergency Room to Pine Grove Behavioral Health Center. At Pine Grove, Hawkins attacked a nurse and struggled…
Date: October 25, 2018
Citation: 2018-M-00987-SCT
The Petition for Interlocutory Appeal filed by Leslie Smith, as Personal Representative of the Estate of Marcus D. Smith is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., King, Coleman and Beam, JJ. Order entered.
Date: October 25, 2018
Citation: 89-R-99025-SCT
The Motion to Amend Rule 4.04 of the Uniform Circuit and County Court Rules filed by the Advisory Committee on Rules is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>
Date: October 18, 2018
Citation: 2014-DR-00849-SCT
Petitioner's Unopposed Tenth Motion for Extension of Time to File Supplemental Petition for Post-Conviction Relief is granted. Petitioner must file any supplement to his Motion for Leave to File Successive Petition for Post-Conviction Relief by November 14, 2018. Respondent will have until January 14, 2019, to respond to Petitioner's supplement. Petitioner will have until February 13, 2019, to file a rebuttal. No further extensions will be granted to file the supplemental petition for post-conviction relief absent extraordinary circumstances. To Grant: All Justices. Order entered on 10/15/18.
Date: October 18, 2018
Citation: 2015-CT-00816-SCT
Juanteaz McDonald's Notice of Motion and Motion for Certificate of Appealability is dismissed as untimely. Order entered.
Date: October 18, 2018
Citation: 2015-DP-01159-SCT
Docket Number: 2015-DP-01159-SCT
Justia Opinion Summary: On December 23, 2013, Abdur Ambrose, Stevie Ambrose, and Orlander Dedeaux were indicted for capital murder of Robert Trosclair with the underlying felony being kidnapping. The trial court severed the case for separate…
Date: October 18, 2018
Citation: 2015-DR-00591-SCT
The Motion to Lift Stay of Post-Conviction Proceedings, Remand to Circuit Court, and Set Deadline to File Amended Post-Conviction Petition filed by Petitioner is dismissed as moot in part, denied in part, and granted in part. Petitioner's amended application for leave to proceed in the trial court is due with the Court by February 28, 2019. The Motion for Leave to File Supplement to Reply in Support of Motion to Lift Stay of Post-Conviction Proceedings filed by Petitioner is dismissed as moot. The Motion to Strike filed by Respondent is denied. To Dismiss as Moot in Part, Deny in Part, and Grant in Part Motion to Lift Stay of Post-Conviction Proceedings, Remand to Circuit Court, and Set Deadline to file Amended Post-Conviction Petition: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny Motion to Lift Stay of Post-Conviction Proceedings, Remand to Circuit Court, and Set Deadline to file Amended Post-Conviction Petition: Ishee, J. To Dismiss as Moot Motion for Leave to file Supplement to Reply in Support of Motion to Lift Stay of Post-Conviction Proceedings: All Justices. To Deny Motion to Strike: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant Motion to Strike: Waller, C.J. Order entered.
Date: October 18, 2018
Citation: 2016-CT-00053-SCT
The Petition for Certiorari filed by Danny Wilson is denied. To Deny: All Justices. Order entered.
Date: October 18, 2018
Citation: 2016-IA-01060-SCT
The Motion for Rehearing filed by Church Mutual Insurance Company is denied. The Motion for Rehearing filed by Adlai Johnson is denied. Waller, C.J., would grant both motions.
Date: October 18, 2018
Citation: 2017-CA-00890-SCT
Docket Number: 2017-CA-00890-SCT
Justia Opinion Summary: Dr. Christopher Cummins, married man who was separated but not divorced from his wife, began a romantic relationship with one of his employees, Leah Jordan Goolsby (Jordan). The two began living together, had a child,…
Date: October 18, 2018
Citation: 2017-IA-00149-SCT
Docket Number: 2017-IA-00149-SCT
Justia Opinion Summary: BTH Quitman Hickory, LLC, challenged the amount of the ad valorem taxes assessed by the Clarke County Board of Supervisors by appealing the assessments to circuit court. However, BTH Quitman did not submit a bond with…
Date: October 18, 2018
Citation: 2017-IA-00300-SCT
Docket Number: 2017-IA-00300-SCT
Justia Opinion Summary: In late 2015, Mississippi filed a complaint against fifteen pharmaceutical manufacturers and their affiliates (“Defendants”). In this interlocutory appeal, the issue this case presented for the Mississippi Supreme…
Date: October 18, 2018
Citation: 2017-KA-00770-SCT
Docket Number: 2017-KA-00770-SCT
Justia Opinion Summary: Richard Green was convicted for the attempted murder and kidnapping of his wife, Cathleen Green (“Cathy”). Green appealed, arguing that the State presented insufficient evidence to convict him of both counts. After…
Date: October 18, 2018
Citation: 2018-AD-00001-SCT
En banc order directing the disbursement of $184,309.28 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Randolph, P.J., has no objection. Order entered 10/15/18.</ul><br><hr>
Date: October 18, 2018
Citation: 2018-CT-00113-SCT
The Clerk of this Court shall recall the mandate that issued in this matter on August 7, 2018. The Petition for Writ of Certiorari filed by Forest Thomas, III is denied. To Deny: All Justices. Order entered.
Date: October 18, 2018
Citation: 2018-M-01032-SCT
The Petition for Interlocutory Appeal filed by Julia Brisendine and Melanie McCrary is denied. To Disagree: Kitchens, P.J., King and Coleman, JJ. Order entered.
Date: October 18, 2018
Citation: 89-R-99010-SCT
En Banc order appointing or reappointing Tianna Hill Raby, Professor Donald E. Campbell, James E. Lambert, III, Kristi R. Brown, J. Cal Mayo, Jr., and Hon. Joseph E. Loper, Jr. to three-year terms (01/01/19 to 12/31/21) as members of the Complaint Tribunals. Order entered on 10/15/18.</ul><br><hr>
Date: October 11, 2018
Citation: 2016-CT-00800-SCT
The Petition for Writ of Certiorari on Behalf of the Estate of Brenda Louise Bargas Flowers, through its Executor, Knox Lemee Flowers, is granted. To Grant: Waller, C.J., Randolph, P.J., Maxwell and Beam, JJ. To Deny: Kitchens, P.J., King, Coleman, Chamberlin and Ishee, JJ. Order entered.
Date: October 11, 2018
Citation: 2016-CT-00973-SCT
The Petition for Writ of Certiorari filed pro se by Jason Caissie is denied. To Deny: All Justices. Order entered.
Date: October 11, 2018
Citation: 2017-CT-00644-SCT
The Petition for Writ of Certiorari filed by Angela Wright, pro se, is denied. To Deny: All Justices. Order entered.
Date: October 11, 2018
Citation: 2017-IA-00826-SCT
Docket Number: 2017-IA-00826-SCT
Justia Opinion Summary: Dr. Jeff Almand performed a left-knee arthroscopy on plaintiff Janice Phelps at Mississippi Baptist Medical Center (“MBMC”). Shortly after surgery, Phelps experienced shortness of breath, and Dr. Jeffrey LeDuff ordered a…
Date: October 4, 2018
Citation: 2015-KA-00434-SCT
Docket Number: 2015-KA-00434-SCT
Justia Opinion Summary: Charles Blake was convicted of sexually battering a seven-year-old child during a family barbeque. He was sentenced to life in prison. On appeal, Blake argued the judge made several evidentiary errors that entitled him…
Date: October 4, 2018
Citation: 2016-IA-01385-SCT
Docket Numbers: 2016-IA-01385-SCT, 2017-IA-00443-SCT
Justia Opinion Summary: Fresenius Medical Care Holdings, Inc., and Fresenius USA, Inc., operated dialysis treatment clinics throughout the United States, including Mississippi. Fresenius also manufactured and sold dialysis products, including…
Date: October 4, 2018
Citation: 2016-M-01072-SCT
The Motion for Rehearing filed by the Respondents is denied. Waller, C.J., Kitchens, P.J., King and Beam, JJ., would grant.
Date: October 4, 2018
Citation: 2017-CA-00375-SCT
Docket Number: 2017-CA-00375-SCT
Justia Opinion Summary: The issue this case presented for the Mississippi Supreme Court's review centered on whether Appellant Marilyn Newsome's claims could survive summary judgment against Appellees, People’s Bank and Chris Dunn. The claims…
Date: October 4, 2018
Citation: 2018-TS-00483
Date: October 4, 2018
Citation: 2018-TS-00659
Date: September 27, 2018
Citation: 2016-CT-00755-SCT
Docket Number: 2016-CT-00755-SCT
Justia Opinion Summary: In 1997, Eric Kennedy and Nakiea Sutton were indicted for capital murder. The charges stemmed from the burglary and subsequent murder of Thomas Ward.The Mississippi Court of Appeals affirmed the Hinds County Circuit…
Date: September 27, 2018
Citation: 2016-CT-01637-SCT
The Petition for Writ of Certiorari filed by Panola County, Mississippi, is denied. To Deny: All Justices. Order entered.
Date: September 27, 2018
Citation: 2017-CT-00058-SCT
The Petition for Writ of Certiorari filed pro se by Dean C. Boyd is denied. To Deny: All Justices. Order entered.
Date: September 27, 2018
Citation: 2017-CT-00602-SCT
The Petition for Writ of Certiorari filed pro se by Jimmy Culbert is denied. To Deny: All Justices. Order entered.
Date: September 27, 2018
Citation: 2018-TS-00367
On the Court's own motion, the appeal shall be permitted to proceed. To Permit Appeal to Proceed: Waller, C.J., Kitchens, P.J., King, Beam, Chamberlin and Ishee, JJ. To Dismiss Appeal: Randolph, P.J., Coleman and Maxwell, JJ. Order entered.
Date: September 27, 2018
Citation: 89-R-99016-SCT
Order authorizing and directing the disbursement of $10,000.00 from the Court's Judicial System Operation Fund to the Mississippi Supreme Court Advisory Committee on Rules for its necessary work through September 30, 2019. Order entered 9/20/18.</ul><br><hr>
Date: September 20, 2018
Citation: 2017-BA-00250-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: September 13, 2018
Citation: 2015-CT-00243-SCT
The Motion for Rehearing filed by the Appellant is denied. Kitchens, P.J., and King, J., would grant.
Date: September 13, 2018
Citation: 2016-CT-00503-SCT
The Petition for Writ of Certiorari filed by counsel for Malcolm Horton is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., and King, J. Order entered.
Date: September 13, 2018
Citation: 2016-CT-01404-SCT
The Petition for Writ of Certiorari filed pro se by Adam Chism is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., and King, J. Order entered.
Date: September 13, 2018
Citation: 2016-CT-01527-SCT
Rodise Jenkins's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.
Date: September 13, 2018
Citation: 2016-IA-01024-SCT
Docket Number: 2016-IA-01024-SCT
Justia Opinion Summary: Patsy Wood, administratix of Patricia Peoples’s estate and a wrongful death beneficiary, as well as Sandra Kay Madison and Samuel Peoples, Peoples’s other children and wrongful death beneficiaries, sued Lakeland Nursing…
Date: September 13, 2018
Citation: 2017-CA-00447-SCT
Docket Number: 2017-CA-00447-SCT
Justia Opinion Summary: While recovering from surgery at Memorial Hospital at Gulfport, eighty-nine-year-old Lautain Scruggs fell after getting out of her hospital bed. Scruggs suffered a serious head injury that required almost immediate…
Date: September 13, 2018
Citation: 2017-CA-00750-SCT
Docket Number: 2017-CA-00750-SCT
Justia Opinion Summary: During Fiscal Year 2017, Mississippi Governor Phil Bryant directed State Fiscal Officer Laura Jackson to reduce the budgets of various state agencies. In response, State Representative Bryant W. Clark and State Senator…
Date: September 13, 2018
Citation: 2017-CA-01249-SCT
Docket Number: 2017-CA-01249-SCT
Justia Opinion Summary: Belmont Holding, LLC, filed a complaint in replevin against Davis Monuments, LLC, and Jason Davis, individually. The case proceeded to trial. The county court denied the replevin and entered a final judgment. Aggrieved,…
Date: September 13, 2018
Citation: 2017-CA-01748-SCT
Chamberlin, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Ishee, JJ., Concur.
Date: September 13, 2018
Citation: 2017-IA-00209-SCT
Docket Number: 2017-IA-00209-SCT
Justia Opinion Summary: Consolidated appeals involved two separate circuit-court actions (one an appeal from justice court) emanating from a foreclosure action that were consolidated after one of the circuit-court actions was transferred to the…
Date: September 13, 2018
Citation: 2017-KA-00221-SCT
Docket Number: 2017-KA-00221-SCT
Justia Opinion Summary: Adrian Montgomery and Terome O’Neal were drinking beer and liquor and smoking marijuana in a park. An eyewitness saw O’Neal knock Montgomery’s joint to the ground, which prompted Montgomery to angrily attack O’Neal.…
Date: September 6, 2018
Citation: 2016-CT-01047-SCT
Alison Nicole Williams's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Ishee, JJ. Not Participating: Chamberlin, J. Order entered.
Date: September 6, 2018
Citation: 2017-CA-00138-SCT
The Motion for Rehearing field by Appellants is denied. Maxwell and Chamberlin, JJ., would grant.
Date: September 6, 2018
Citation: 2017-KA-00253-SCT
Docket Number: 2017-KA-00253-SCT
Justia Opinion Summary: Frankie Jones was indicted for one count of first degree murder of Billy Ray Covington and one count of felon in possession of a firearm. A jury found Jones guilty on both counts, and the trial court sentenced him as a…
Date: August 30, 2018
Citation: 2015-CT-01759-SCT
The Petition for Writ of Certiorari filed by Karen Collins, mother and next friend of Graham Irby, is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., and King, J. Order entered.
Date: August 30, 2018
Citation: 2016-CT-00818-SCT
Docket Number: 2016-CT-00818-SCT
Justia Opinion Summary: Curtis Brown petitioned the Mississippi Supreme Court for certiorari review of a Court of Appeals decision affirming a circuit court judgment in favor of Professional Building Services (PBS). Brown was the former…
Date: August 30, 2018
Citation: 2016-CT-00932-SCT
Willie Pickett's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: August 30, 2018
Citation: 2016-KA-01747-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., and King, J., would grant.
Date: August 30, 2018
Citation: 2017-IA-00219-SCT
Docket Number: 2017-IA-00219-SCT
Justia Opinion Summary: Officer Michael Kelly was responding to a call that an intoxicated person was lying unconscious on the sidewalk outside the Days Inn in Clinton, Mississippi. While en route, his police vehicle collided with Patrice…
Date: August 23, 2018
Citation: 2016-CA-01274-SCT
Docket Number: 2016-CA-01274-SCT
Justia Opinion Summary: The chancery court examined the principles underlying quantum meruit and found that Vincent Castigliola and David Kiyhet, attorneys for the estate of Dane Eubanks, should have been awarded attorneys’ fees from two minors…
Date: August 23, 2018
Citation: 2016-CT-00685-SCT
Timothy Beasley's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: August 23, 2018
Citation: 2017-CA-00774-SCT
Docket Number: 2017-CA-00774-SCT
Justia Opinion Summary: Brian Cole was killed in a motor vehicle accident in 2001. Brian Cole’s Estate had a court-approved contingency fee contract with Eugene Tullos, and only Eugene Tullos, to represent the Estate in wrongful death…
Date: August 23, 2018
Citation: 2017-CT-00259-SCT
Jerold Wayne Smith's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: August 23, 2018
Citation: 2017-KA-01130-SCT
Docket Number: 2017-KA-01130-SCT
Justia Opinion Summary: Terry Hill was convicted on one count of robbery, two counts of kidnapping, and one count of sexual battery. Hill raised one issue on appeal: whether the trial court erred in denying his attorney’s motion to withdraw and…
Date: August 23, 2018
Citation: 2018-TS-01093
The Emergency Motion to Vacate Stay filed by the appellees is granted. The permanent injunction and the order staying the decree pending appeal are vacated. The appeal in this matter is dismissed. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Chamberlin and Ishee, JJ. Not Participating: Beam, J. Order entered 8/14/18,
Date: August 16, 2018
Citation: 2016-CA-01052-SCT
Docket Numbers: 2016-CA-01052-SCT, 2012-CA-00653-SCT
Justia Opinion Summary: A log truck driven by Royce Sullivan collided with the rear of an automobile being driven by Harry Schroeder, who had just pulled his car onto a highway in Lowndes County, Mississippi. Harry died as a result of the…
Date: August 16, 2018
Citation: 2016-CT-00524-SCT
Michael Smith's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: August 16, 2018
Citation: 2016-CT-01456-SCT
The Petition for Writ of Certiorari filed by Appellant, Vanessa Lynn Page is denied. To Deny: All Justices. Order entered.
Date: August 16, 2018
Citation: 2017-CA-00008-SCT
Docket Number: 2017-CA-00008-SCT
Justia Opinion Summary: The City of Clarksdale solicited sealed bids for a public construction project. The City received sealed bids from Landmark Construction Company, GCI (“Landmark”), and Hemphill Construction Company, Inc. (“Hemphill”).…
Date: August 16, 2018
Citation: 2017-CA-00718-SCT
Docket Numbers: 2017-CA-00718-SCT, 2017-CA-00721-SCT
Justia Opinion Summary: In 2017, R.M. and C.W., were committed to the South Mississippi State Hospital (SMSH) to be treated for mental illness. As required under the commitment statute, both R.M. and C.W. were evaluated by court-appointed…
Date: August 16, 2018
Citation: 2017-DR-01385-SCT
The Counter En Banc Order (in the nature of a motion for reconsideration) filed by Timothy Nelson Evans, pro se, is denied. To Deny: All Justices. Order entered.
Date: August 16, 2018
Citation: 2018-DR-00276-SCT
Ms. Elizabeth Franklin-Best shall be permitted to appear in this matter as pro hac vice. The Motion for Waiver of Fees for Pro Hac Vice Application is granted. Agree with Order: All Justices. Order entered.
Date: August 16, 2018
Citation: 2018-M-00431-SCT
The Petition for Permission for Interlocutory Appeal filed by the City of Jackson is denied. To Deny: All Justices. Order entered.
Date: August 9, 2018
Citation: 2015-CT-00138-SCT
The Petition for Writ of Certiorari filed by James D. Havard and wife, Margaret Havard is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: August 9, 2018
Citation: 2016-CA-01655-SCT
Docket Number: 2016-CA-01655-SCT
Justia Opinion Summary: This appeal arose from the Hinds County, Mississippi Circuit Court’s order granting in part Richard Chapman’s motion for post-conviction relief (PCR), following the Mississippi Supreme Court’s mandate in Chapman v.…
Date: August 9, 2018
Citation: 2016-CT-00700-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Waller, C.J. Order entered.
Date: August 9, 2018
Citation: 2016-CT-00888-SCT
The Petition for Writ of Certiorari filed by counsel for Charles McCorkle is denied. To Deny: Randolph and Kitchens, P.JJ., King, Beam, Chamberlin and Ishee, JJ. To Grant: Waller, C.J., Coleman and Maxwell, JJ. Order entered.
Date: August 9, 2018
Citation: 2016-CT-01267-SCT
Hunter Lane Sarrett's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: August 9, 2018
Citation: 2016-CT-01287-SCT
Shuntez Johnson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., King and Coleman, JJ. Order entered.
Date: August 9, 2018
Citation: 2016-CT-01532-SCT
Appellants' Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.
Date: August 9, 2018
Citation: 2016-CT-01567-SCT
Donta Shepard's Petition for Writ of Certiorari is granted. To Grant: All Justices. Order entered.
Date: August 9, 2018
Citation: 2016-CT-01585-SCT
The Petition for Writ of Certiorari filed by James D. Havard and wife, Margaret Havard is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: August 9, 2018
Citation: 2016-KA-00990-SCT
The Motion for Rehearing filed by the Appellant is denied. Chamberlin, J., not participating.
Date: August 9, 2018
Citation: 2017-BA-00250-SCT
The Mississippi Bar's Motion for Costs is granted. Michael W. Crosby is to reimburse the Mississippi Bar for costs and expenses in the total amount of $656.65. Such costs and expenses shall be paid within thirty (30) days of the entry of this order. Agreed: All Justices. Order entered.
Date: August 9, 2018
Citation: 2017-BR-01531-SCT
The motion to dismiss filed by the Mississippi Bar is denied. Under Mississippi Rule of Discipline 25 and Mississippi Rule of Discipline 12.8, the Bar shall investigate Johnson's claim that his competency has been restored, it shall fully answer Johnson's Motion for Reinstatement, and the Bar shall appear at a hearing before this Court, should the Court decide that a hearing is necessary. Such investigation shall be conducted and such answer to Johnson's Motion for Reinstatement shall be filed on or before Friday, December 7, 2018, no later than 5:00 o'clock p.m. Johnson's request for oral argument is denied. Order entered.
Date: August 9, 2018
Citation: 2017-CA-00013-SCT
The Motion for Rehearing filed by the Appellant is denied.
Date: August 9, 2018
Citation: 2017-CA-00173-SCT
Date: August 9, 2018
Citation: 2017-IA-00535-SCT
Docket Numbers: 2017-IA-00535-SCT, 2017-IA-00536-SCT, 2017-IA-00539-SCT
Justia Opinion Summary: This matter stemmed from a lawsuit filed by the State of Mississippi against the defendant pharmacies. The State alleged deceptive trade practices and fraudulent reporting of inflated “usual and customary” prices in the…
Date: August 9, 2018
Citation: 2017-KA-00604-SCT
The Motion for Rehearing filed by the Appellant is denied.
Date: August 9, 2018
Citation: 2017-KA-00934-SCT
Docket Number: 2017-KA-00934-SCT
Justia Opinion Summary: Rickie Omar Smith was indicted on one count of armed robbery and one count of burglary of a dwelling. The jury found Smith guilty on both counts, and the circuit court sentenced Smith to thirty years for armed robbery…
Date: August 9, 2018
Citation: 2017-M-01450-SCT
Date: August 2, 2018
Citation: 2015-CT-00899-SCT
The Petition for Writ of Certiorari filed by Brett Jones is granted. To Grant: Waller, C.J., Kitchens, P.J., King and Ishee, JJ. To Deny: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Order entered.
Date: August 2, 2018
Citation: 2015-DP-01159-SCT
Docket Number: 2015-DP-01159-SCT
Justia Opinion Summary: In 2013, Abdur Ambrose ("Ambrose"), Stevie Ambrose, and Orlander Dedeaux were indicted for capital murder of Robert Trosclair with the underlying felony being kidnapping. Ambrose alleged Trosclair had "stolen stuff our…
Date: August 2, 2018
Citation: 2016-CT-00122-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Deny: Kitchens, P.J., King and Coleman, JJ. Not Participating: Ishee, J. Order entered.
Date: August 2, 2018
Citation: 2016-CT-00215-SCT
Docket Number: 2016-CT-00215-SCT
Justia Opinion Summary: On June 19, 2013, George “Leith” Hawkins (Hawkins), suffered a stroke while working at Heck Yea Quarter Horses, LLC (Heck Yea). Hawkins was hired to wash a wooden fence. After lunch he complained of feeling ill, but…
Date: August 2, 2018
Citation: 2016-CT-00637-SCT
Appellant's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Chamberlin and Ishee, JJ. Not Participating: Beam, J. Order entered.
Date: August 2, 2018
Citation: 2016-CT-00928-SCT
The Petition for Writ of Certiorari filed by Appellees, Arthur Wood, III and Paula Wood is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Randolph, P.J. Order entered.
Date: August 2, 2018
Citation: 2016-CT-01002-SCT
The Petition for Writ of Certiorari filed by Jairus Collins is denied. To Deny: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Kitchens, P.J. Order entered.
Date: August 2, 2018
Citation: 2016-CT-01078-SCT
The Petition for Writ of Certiorari filed pro se by Danny Singleton is denied. To Deny: All Justices. Order entered.
Date: August 2, 2018
Citation: 2016-IA-01060-SCT
Docket Number: 2016-IA-01060-SCT
Justia Opinion Summary: In 2013, Tarinika Smith and twelve minor children (collectively Plaintiffs) were involved in an automobile accident with a vehicle driven by Adlai Johnson. Smith was operating a passenger van owned by Mount Vernon…
Date: August 2, 2018
Citation: 2017-CA-00133-SCT
Docket Number: 2017-CA-00133-SCT
Justia Opinion Summary: In 2008, an undetected flammable gas ignited and caused an explosion at the Elliotts’ home. Because the Elliotts believed the flammable gas was natural gas from a broken municipal pipeline, they filed suit against the…
Date: August 2, 2018
Citation: 2017-CA-00506-SCT
Docket Number: 2017-CA-00506-SCT
Justia Opinion Summary: E.K. was adjudicated as a neglected child. Elizabeth A. King and Timothy King were E.K.'s parents; he was born 2001. With a history of ADHD, epilepsy, autism, mental disability and obsessive, compulsive disorder (OCD),…
Date: August 2, 2018
Citation: 2017-CP-00723-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: August 2, 2018
Citation: 2018-AD-00001-SCT
En banc order directing the disbursement of $190,977.89 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Randolph, P.J., has no objection. Order Entered 07/24/18.</ul><br><hr>
Date: July 26, 2018
Citation: 2014-CT-00372-SCT
The Petition for Writ of Certiorari filed by United Services Automobile Association is denied. To Deny: Randolph and Kitchens, P.JJ., King, Maxwell, Beam and Chamberlin, JJ. To Grant: Waller, C.J. Not Participating: Coleman and Ishee, JJ. Order entered on 7/20/18.
Date: July 26, 2018
Citation: 2014-KA-01038-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., would grant.
Date: July 26, 2018
Citation: 2016-CT-00755-SCT
The Petition for Writ of Certiorari filed pro se by Eric Kennedy is granted. To Grant: Waller, C.J., Kitchens, P.J., King, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J., Coleman and Maxwell, JJ. Order entered.
Date: July 26, 2018
Citation: 2016-CT-01495-SCT
The Petition for Writ of Certiorari filed by Nitin Malik is denied. To Deny: All Justices. Order entered.
Date: July 26, 2018
Citation: 2016-KA-01507-SCT
The Motion for Rehearing filed by Appellee is denied. Randolph, P.J., and Maxwell, J., would grant. Chamberlin, J., not participating.
Date: July 26, 2018
Citation: 2017-CC-00399-SCT
Docket Number: 2017-CC-00399-SCT
Justia Opinion Summary: Memorial Hospital at Gulfport and Singing River Health System (“Hospitals”) sought judicial review of a June 24, 2016 administrative decision which found the Division of Medicaid’s (“DOM’s”) 2014 Fiscal Year Methodology…
Date: July 26, 2018
Citation: 2017-KA-00294-SCT
Docket Number: 2017-KA-00294-SCT
Justia Opinion Summary: Dexter Powell was convicted by jury of aggravated assault and felon in possession of a firearm. He appealed, claiming: (1) ineffective assistance of counsel; and (2) insufficient evidence in support of the verdicts, both…
Date: July 26, 2018
Citation: 2017-KA-00311-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: July 26, 2018
Citation: 2017-KA-01089-SCT
Docket Number: 2017-KA-01089-SCT
Justia Opinion Summary: Jason Miles appealed after a jury found him guilty of grand larceny. On appeal, he argued the evidence was insufficient to support the jury verdict, and the trial court erred in denying a continuance. Finding no error,…
Date: July 26, 2018
Citation: 2018-JP-00194-SCT
Docket Number: 2018-JP-00194-SCT
Justia Opinion Summary: The Mississippi Commission on Judicial Performance (Commission) filed a formal complaint against Justice Court Judge Mary Curry, alleging she violated Canons 1, 2A, 2B, 3B(1), 3B(2), 3B(5), 3B(7), 3B(8), and 3C(1) of the…
Date: July 19, 2018
Citation: 2016-CA-00063-SCT
The Motion for Rehearing filed by Baptist Memorial Hospital - DeSoto, Inc., is denied. The Motion for Rehearing filed by James E. Fortune, M.D., is denied. Chamberlin, J., not participating.
Date: July 19, 2018
Citation: 2016-CT-00521-SCT
Appellants' Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: July 19, 2018
Citation: 2016-CT-01032-SCT
The Petition for Writ of Certiorari filed by Gregory Tyler Moore is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., and King, J. Order entered.
Date: July 19, 2018
Citation: 2016-CT-01033-SCT
Michael Ishee's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: July 19, 2018
Citation: 2016-CT-01646-SCT
The Petition for Writ of Certiorari filed pro se by Christopher Carbin is denied. To Deny: All Justices. Order entered.
Date: July 19, 2018
Citation: 2017-CT-00007-SCT
Henry Gibbs Jr.'s Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.
Date: July 19, 2018
Citation: 2017-CT-00179-SCT
Richard Mason's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: July 19, 2018
Citation: 2017-IA-00909-SCT
The appeal is dismissed as moot. All costs of the appeal are assessed to the Appellant. Randolph, P.J., For the Court.
Date: July 19, 2018
Citation: 2017-KA-00904-SCT
Docket Number: 2017-KA-00904-SCT
Justia Opinion Summary: A jury found Andre Thomas guilty of one count of felony shoplifting. Thomas and an accomplice went to the electronics section of a Sam's Club in Gulfport, Mississippi at around 8:00 P.M. in 2015. A Sam’s Club employee…
Date: July 19, 2018
Citation: 2017-KA-01030-SCT
Docket Number: 2017-KA-01030-SCT
Justia Opinion Summary: After a jury trial, Henry Earl Harvey was convicted of first-degree murder for the 2015 shooting death of Eddie Briggs. Harvey was sentenced to life imprisonment. Harvey filed a Motion for New Trial and for Acquittal…
Date: July 19, 2018
Citation: 89-R-99021-SCT
En banc order reappointing Justice Leslie D. King, Libby Furr, Julie Mims, and Anna Claire Sukmann to two-years terms (July 1, 2018, through June 30, 2020) as members of the Board of Certified Court Reporters. Order entered 6/29/18. </ul><br><hr>
Date: June 28, 2018
Citation: 2016-CA-01384-SCT
Docket Number: 2016-CA-01384-SCT
Justia Opinion Summary: This case arose from the tragic 2014 death of nine-year-old Patrauna Hudson, who drowned in flash-flood waters that swept through a drainage ditch that ran alongside her family’s residence. Patrauna’s estate (the…
Date: June 28, 2018
Citation: 2016-CT-00537-SCT
The Petition for Writ of Certiorari filed by counsel for Sonja Renee Baggett is denied. To Deny: All Justices. Order entered.
Date: June 28, 2018
Citation: 2016-CT-00804-SCT
Bryan Morton's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: June 28, 2018
Citation: 2017-CA-00138-SCT
Docket Number: 2017-CA-00138-SCT
Justia Opinion Summary: Phillip Moore, Gloria Moore, and Katelyn Moore sued Olshan Foundation Repair of Jackson, LLC (Olshan), and Wayne Brown. Olshan and Brown sought to compel arbitration pursuant to an arbitration provision within a contract…
Date: June 28, 2018
Citation: 2017-CC-00669-SCT
The Motion for Rehearing filed by the Appellees is denied. Waller, C.J., and Coleman, J., not participating.
Date: June 28, 2018
Citation: 89-R-99011-SCT
En Banc order reappointing Elizabeth Lee Maron and Sam H. Buchanan and appointing Robert Michael Tyner, Jr. to three-year terms (August 1, 2018, through July 31, 2021) as members of this Commission. Order entered: 6/22/18.</ul><br><hr>
Date: June 21, 2018
Citation: 2014-CT-00330-SCT
Artea Chilton's Petition for Writ of Certiorari is denied. To Deny: Randolph and Kitchens, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: King and Coleman, JJ. Not Participating: Waller, C.J. Order entered.
Date: June 21, 2018
Citation: 2015-CT-01499-SCT
Edith Davis Elmore's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J. Not Participating: Ishee, J. Order entered.
Date: June 21, 2018
Citation: 2016-CT-00542-SCT
The Petition for Writ of Certiorari filed pro se by Vincent Young is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: June 21, 2018
Citation: 2016-IA-00398-SCT
The Motion for Rehearing filed by David L. Moody, M.D., and Madden Medical Clinic, PLLC is denied. Coleman and Maxwell, JJ., would grant. The Motion for Rehearing filed by Baptist Medical Center-Leake, Inc., and Mississippi Baptist Health Systems, Inc. is denied. Coleman and Maxwell, JJ., would grant.
Date: June 21, 2018
Citation: 2016-IA-00399-SCT
The Motion for Rehearing filed by David L. Moody, M.D., and Madden Medical Clinic, PLLC is denied. Coleman and Maxwell, JJ., would grant. The Motion for Rehearing filed by Baptist Medical Center-Leake, Inc., and Mississippi Baptist Health Systems, Inc. is denied. Coleman and Maxwell, JJ., would grant.
Date: June 21, 2018
Citation: 2017-CT-00467-SCT
The Petition for Writ of Certiorari filed by Dalton Ray Stewart is denied. To Deny: All Justices. Order entered.
Date: June 21, 2018
Citation: 2017-IA-00131-SCT
Docket Number: 2017-IA-00131-SCT
Justia Opinion Summary: B&B Management Company, LLC (“B&B”) and Terence McGee (“McGee”) appealed the circuit court’s denial of their Motion to Dismiss and Transfer Venue. Y.X. first filed a premises-liability case in Madison County, Mississippi…
Date: June 21, 2018
Citation: 2018-M-00853-SCT
The Petition for Interlocutory Appeal of Erick Weathersby and Emergency Motion to Stay is denied. To Deny: Waller, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., and King, J. Not Participating: Randolph, P.J. Order entered 6/18/18.
Date: June 14, 2018
Citation: 2012-CT-01777-SCT
Docket Number: 2012-CT-01777-SCT
Justia Opinion Summary: Joe and Dianne McGinty sued Grand Casinos of Mississippi Inc.-Biloxi alleging negligence and breach of implied warranty of merchantability for serving unfit food. The McGintys ate breakfast at the Island View Café inside…
Date: June 14, 2018
Citation: 2015-CT-00578-SCT
The Motion for Rehearing filed by Appellant is denied. Coleman, J., would grant. Ishee, J., not participating.
Date: June 14, 2018
Citation: 2015-CT-01756-SCT
Cornelius Cannady Sr.'s Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: June 14, 2018
Citation: 2016-CT-00682-SCT
The Petition for Certiorari filed by Jake Bias is denied. To Deny: All Justices. Order entered.
Date: June 14, 2018
Citation: 2016-CT-00871-SCT
The Petition for Writ of Certiorari filed by counsel for Jaime C. Parrish is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: June 14, 2018
Citation: 2016-CT-01484-SCT
The Petition for Writ of Certiorari filed pro se by Larry Lewis is denied. To Deny: All Justices. Order entered.
Date: June 14, 2018
Citation: 2016-KA-00713-SCT
Docket Number: 2016-KA-00713-SCT
Justia Opinion Summary: Rickey Portis was convicted of two counts of sexual battery based on allegations that he repeatedly abused his then eight- and nine-year-old stepdaughters. The trial court sentenced him to two life sentences, to run…
Date: June 14, 2018
Citation: 2016-KA-01146-SCT
Docket Number: 2016-KA-01146-SCT
Justia Opinion Summary: David Thomas admitted in oral and written statements to police that he and Jontez Garvis had attacked Fred Jackson and stole cash from him. After being hospitalized for forty-one days due to the injuries inflicted by the…
Date: June 14, 2018
Citation: 2017-CP-00152-SCT
The Motion for Rehearing filed by Forrest Thomas, III is denied. Kitchens, P.J., and King, J., would grant. The Motion for Rehearing filed by the Mississippi Department of Corrections is denied.
Date: June 14, 2018
Citation: 2017-KA-00719-SCT
Docket Number: 2017-KA-00719-SCT
Justia Opinion Summary: Roger Jackson appealed his convictions for aggravated assault and felon in possession of a firearm. The jury acquitted Jackson of deliberate-design murder, which was charged in the same indictment. Jackson claimed the…
Date: June 14, 2018
Citation: 2018-AD-00001-SCT
Following the June 30, 2018, retirement of Muriel B. Ellis as the Clerk of the Supreme Court of Mississippi, the en banc Supreme Court unanimously appoints D. Jeremy Whitmire as the Clerk of the Supreme Court of Mississippi effective July 1, 2018, and who shall serve at the pleasure of the Supreme Court. All Justices Agree. Order entered 6/08/18.</ul><br><hr>
Date: June 14, 2018
Citation: 2018-BD-00196-SCT
The Mississippi Bar's Motion to Withdraw Motion to Allow Service by Publication is granted. Agreed: All Justices. Order entered.</ul><br><hr>
Date: June 14, 2018
Citation: 89-R-99032-SCT
En banc order (1) reappointing Faith Garvin and Charliene Roemer as Commissioners of the Access to Justice Commission to terms expiring June 30, 2021, and (2) appointing Katheryn Dickerson Clay, Michelle Clouse, Hon. Lisa P. Dodson, and Patricia C. Gandy as Commissioners to terms expiring June 30, 2021, to succeed Hon. Donna Barnes, Rep. Thomas Reynolds, Jamie Bardwell, and Dennis Smith. Order entered 6/08/18.</ul><br><hr>
Date: June 7, 2018
Citation: 2015-CT-00243-SCT
Docket Number: 2015-CT-00243-SCT
Justia Opinion Summary: The issue this case presented for the Mississippi Supreme Court's review was whether Robert Hammons Jr. properly named fictitious parties in his original complaint so his amended complaint related back to the filing of…
Date: June 7, 2018
Citation: 2016-CA-00823-SCT
Docket Numbers: 2016-CA-00823-SCT, 2013-CA-01490-SCT
Justia Opinion Summary: The City of Horn Lake and DeSoto County appealed after the DeSoto County Chancery Court granted Sass Muni-V, LLC’s (Sass Muni’s) motion for summary judgment. The result of the chancery court’s decision voided a 2008 tax…
Date: June 7, 2018
Citation: 2016-CA-01400-SCT
The Motion for Rehearing filed by Appellee is denied. Maxwell, J., not participating.
Date: June 7, 2018
Citation: 2016-CA-01739-SCT
Docket Number: 2016-CA-01739-SCT
Justia Opinion Summary: In the first time this matter came before the Mississippi Supreme Court, the Court agreed with the chancellor that Tanya and Hobson Sanderson’s prenuptial agreement was procedurally conscionable. But the Court disagreed…
Date: June 7, 2018
Citation: 2016-CT-00602-SCT
The Petition for Writ of Certiorari filed by Appellant, Grace Ann McCarty is denied. To Deny: Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King and Coleman, JJ. Not Participating: Waller, C.J., and Ishee, J. Order entered.
Date: June 7, 2018
Citation: 2016-CT-00727-SCT
The Petition for Writ of Certiorari filed by Randy Goggins and Carnes Frames, Inc., is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.
Date: June 7, 2018
Citation: 2016-CT-00801-SCT
Sharon Sallie's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King and Coleman, JJ. Not Participating: Ishee, J. Order entered.
Date: June 7, 2018
Citation: 2016-CT-00969-SCT
The Appellants' Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: June 7, 2018
Citation: 2016-CT-01347-SCT
Jason Alston's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Date: June 7, 2018
Citation: 2016-CT-01802-SCT
The Petition for Writ of Certiorari filed by Appellant, Edward Johnson, pro se, is denied. To Deny: Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J. Not Participating: Waller, C.J. Order entered.
Date: June 7, 2018
Citation: 2016-IA-01356-SCT
The Motion for Rehearing filed by Appellee is denied. Maxwell, J., not participating.
Date: June 7, 2018
Citation: 2016-M-01072-SCT
Docket Number: 2016-M-01072-SCT
Justia Opinion Summary: In 2011, the Mississippi Legislature amended Mississippi Code Section 97-37-7, granting enhanced concealed-carry licensees the privilege of carrying a concealed firearm in Mississippi courthouses, save for courtrooms,…
Date: June 7, 2018
Citation: 2017-CA-00541-SCT
Docket Number: 2017-CA-00541-SCT
Justia Opinion Summary: Prior to April 2016, a chancellor could, as part of a contested adoption, terminate the parents’ rights, even when the termination issue was pending in youth court as part of a child-abuse proceeding. In April 2016, the…
Date: June 7, 2018
Citation: 2017-CA-01203
Before the Court, en banc, the Motion to Dismiss Appeal filed by Appellee is denied. The Motion for Enlargement of Time filed by Appellant is granted. Appellant's brief is due within fourteen (14) days of this Order. Deny Motion to Dismiss Appeal and Grant Motion for Enlargement of Time: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam, Chamberlin and Ishee, JJ. Grant Motion to Dismiss Appeal and Deny Motion for Enlargement of Time: Randolph, P.J., and Coleman, J. Order entered.
Date: June 7, 2018
Citation: 2017-CC-00784-SCT
Docket Number: 2017-CC-00784-SCT
Justia Opinion Summary: In 2016, the Adjutant General of the Mississippi Military Department (Department) terminated Cindy King’s employment with the Department after conducting an investigation into some of King’s activities. King began…
Date: June 7, 2018
Citation: 2017-DP-00504-SCT
Before the en banc Court, the Motion to Suspend Briefing Pending Resolution of the Appellant's Motion for Post-Conviction Relief Pending in the Harrison County Circuit Court is denied. The Unopposed Fourth Motion for Enlargement of Time to File Brief of Appellant is granted. Garcia's brief is due on or before August 3, 2018. To Deny Motion to Suspend Briefing and Grant Motion for Time: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant Motion to Suspend Briefing and Dismiss Motion for Time as Moot: King, J. Order entered 6/04/18.
Date: June 7, 2018
Citation: 2017-DR-01385-SCT
Before the Court, en banc, the Motion for Disqualification of Attorneys filed by Timothy Nelson Evans, pro se, is denied. To Deny: All Justices. Order entered.
Date: June 7, 2018
Citation: 2017-KA-00849-SCT
Docket Number: 2017-KA-00849-SCT
Justia Opinion Summary: In May 2017, Derrick Hall was convicted by a jury of first-degree murder. Due to his status as a habitual offender, Hall was sentenced to serve life in prison. Having his posttrial motion for a judgment notwithstanding…
Date: June 7, 2018
Citation: 2018-IA-00478-SCT
Before the Court, en banc, the Petition for Interlocutory Appeal filed by the petitioner, Ken Rogers is granted. The Order of the County Court of Hinds County, civil action no. 12-4405, dated March 29, 2018, which granted the Estate's Motion to Transfer Civil Action to Chancery Court, is reversed and this matter is remanded for transfer from the Chancery Court of Hinds County to the County Court of Hinds County. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Respondent, the Estate of Costas E. Pavlou, is taxed with all costs of this appeal. Agree: All Justices. Maxwell, J., for the Court. Order entered.
Date: June 7, 2018
Citation: 89-R-99001-SCT
Before the en banc Court, the Petition to Amend Certain Rules of the Mississippi Rules of Civil Procedure and the Uniform Chancery Court Rules, filed by the Honorable Jess H. Dickinson, Commissioner of the Mississippi Department of Child Protection Services, is denied. All Justices Agree. Order entered.</ul><br><hr>
Date: June 7, 2018
Citation: 89-R-99032-SCT
En banc order (1) appointing Judge Virginia C. Carlton as a Commissioner of the Access to Justice Commission to succeed Michael L. Jones for the balance of the term expiring June 30, 2019, and (2) appointing John M. Edwards, Jr., as a Commissioner of the Access to Justice Commission to succeed Nicole H. McLaughlin for the balance of the term expiring June 30, 2020. Order entered on 5/29/18.</ul><br><hr>
Date: May 31, 2018
Citation: 2014-CT-00652-SCT
The Petition for Writ of Certiorari filed by counsel for Ricky E. Roberson is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King and Coleman, JJ. Not Participating: Ishee, J. Order entered.
Date: May 31, 2018
Citation: 2015-CT-00645-SCT
Appellants' Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 31, 2018
Citation: 2016-CA-01488-SCT
The Motion for Rehearing filed by Appellees/Cross-Appellants is denied.
Date: May 31, 2018
Citation: 2016-CT-00354-SCT
The Petition for a Writ of Certiorari filed pro se by Wendell Duncan is dismissed as untimely filed. To Dismiss as Untimely Filed: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: King and Ishee, JJ. Order entered.
Date: May 31, 2018
Citation: 2016-CT-01183-SCT
The Petition for Writ of Certiorari filed by Evelyn Pennington is denied. To Deny: All Justices. Order entered.
Date: May 31, 2018
Citation: 2016-IA-01367-SCT
Docket Number: 2016-IA-01367-SCT
Justia Opinion Summary: By interlocutory appeal, Central Insurers of Grenada, Inc., challenges the Warren County Circuit Court’s denial of its motion to dismiss William Greenwood’s complaint against it for insufficient service of process.…
Date: May 31, 2018
Citation: 2016-IA-01595-SCT
Docket Number: 2016-IA-01595-SCT
Justia Opinion Summary: April Horton, the estate administratrix for decedent Emmanuel Erves, appealed a circuit court's grant of summary judgment in favor of the City of Vicksburg. She argued the court erred in finding that the City was…
Date: May 31, 2018
Citation: 2016-KA-01747-SCT
Docket Number: 2016-KA-01747-SCT
Justia Opinion Summary: A jury convicted Darius Haynes on two counts: possession of cocaine while in possession of a firearm and possession of a weapon by a felon. Because the evidence was legally sufficient to support the conviction of…
Date: May 24, 2018
Citation: 2015-CT-01467-COA
Keith Friston's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., and King, J. Not Participating: Ishee, J. Order entered.
Date: May 24, 2018
Citation: 2015-CT-01467-SCT
Keith Friston's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., and King, J. Not Participating: Ishee, J. Order entered.
Date: May 24, 2018
Citation: 2016-CA-01429-SCT
Docket Number: 2016-CA-01429-SCT
Justia Opinion Summary: The trial court granted the Lincoln County Board of Supervisors’ and the City of Brookhaven, Mississippi’s motions to dismiss Samuel Wilcher, Jr.’s personal injury suit, finding both governmental entities enjoyed…
Date: May 24, 2018
Citation: 2016-CT-00112-SCT
Docket Number: 2016-CT-00112-SCT
Justia Opinion Summary: The dispositive issue before the Mississippi Supreme Court in this matter was whether the Employee Appeals Board properly dismissed the Appellees’ claims for lack of jurisdiction due to the untimely filing of the appeal.…
Date: May 24, 2018
Citation: 2016-CT-00914-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi was granted by order of the Court on April 24, 2018. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Ishee, J., not participating. Maxwell, J., for the Court. Order entered.
Date: May 24, 2018
Citation: 2016-CT-01271-COA
The Petition for Writ of Certiorari filed by Sergio Gonzalez, pro se is denied. To Deny: All Justices. Order entered.
Date: May 24, 2018
Citation: 2016-CT-01271-SCT
The Petition for Writ of Certiorari filed by Sergio Gonzalez, pro se is denied. To Deny: All Justices. Order entered.
Date: May 24, 2018
Citation: 2017-IA-00927-SCT
The En Banc Court finds that the stay previously imposed should be lifted and the interlocutory appeal is dismissed without prejudice. Appellant is taxed with the costs of this appeal. Randolph, P.J., for the Court. Order entered.
Date: May 24, 2018
Citation: 89-R-99001-SCT
The Motion to Amend Rule 23 of the Mississippi Rules of Civil Procedure, filed by Richard T. Phillips, is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., and King, J. Order entered 5/17/18.</ul><br><hr>
Date: May 24, 2018
Citation: 89-R-99027-SCT
The letter motion filed by Circuit Judge Thomas J. Gardner, III, is denied. To Deny: Kitchens, P.J., King, Coleman, Maxwell and Chamberlin, JJ. To Grant: Waller, C.J., Randolph, P.J., Beam and Ishee, JJ. Order entered.</ul><br><hr>
Date: May 17, 2018
Citation: 2015-KA-01636-SCT
The Motion for Rehearing filed by the Appellant is denied. Waller, C.J., Kitchens, P.J., King and Ishee, JJ., would grant.
Date: May 17, 2018
Citation: 2016-CT-00312-SCT
The Petition for Writ of Certiorari filed by Marcus Shelby is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 17, 2018
Citation: 2016-CT-00444-SCT
Appellants' Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.
Date: May 17, 2018
Citation: 2016-CT-00925-SCT
The Petition for Writ of Certiorari filed by Timothy Price is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 17, 2018
Citation: 2016-CT-01376-SCT
The Petition for Writ of Certiorari filed by counsel for Jonathan Earl Herrington is denied. To Deny: All Justices. Order entered.
Date: May 17, 2018
Citation: 2016-IA-01096-SCT
The Motion for Rehearing filed by the Appellants is denied. Coleman and Maxwell, JJ., would grant. Randolph, P.J., not participating.
Date: May 17, 2018
Citation: 2016-KA-01734-SCT
The Motion for Rehearing filed by the Appellee is denied. Randolph, P.J., Maxwell and Chamberlin, JJ., would grant.
Date: May 17, 2018
Citation: 2017-CA-00013-SCT
Docket Number: 2017-CA-00013-SCT
Justia Opinion Summary: Mississippi Sand Solutions, LLC (“MSS”) appealed a Chancery Court decree that MSS did not have an easement of any type across property owned by a group of heirs, the “Fisher Property.” MSS’s predecessors used the alleged…
Date: May 17, 2018
Citation: 2017-CA-00120-SCT
Docket Number: 2017-CA-00120-SCT
Justia Opinion Summary: SW 98/99, LLC (“SW”), appealed a Pike County Chancery Court order dismissing its complaint with prejudice under Mississippi Rule of Civil Procedure 41(b). SW filed objections to the tax assessments for the years 2005 and…
Date: May 17, 2018
Citation: 2017-CP-00723-SCT
Docket Number: 2017-CP-00723-SCT
Justia Opinion Summary: Prisoner Timothy Pryer filed an action in chancery court against the Itawamba County Sheriff’s Department and the Itawamba County Circuit Clerk. Pryer claimed that the defendants wrongfully had denied him access to…
Date: May 17, 2018
Citation: 89-R-99032-SCT
En banc order that, effective immediately, the Mississippi Bar shall retain one third of the pro hac vice fees received by it under Rule 46(b)(5) of the Mississippi Rules of Appellate Procedure and expend them exclusively to fund the operation of the Mississippi Access to Justice Commission and shall remit the other two thirds of the pro hac vice fees monthly to the Administrative Office of the Courts for deposit in the Civil Legal Assistance Fund established by Mississippi Code Section 9-21-43 (Rev. 2014). Order Entered 5/11/18.</ul><br><hr>
Date: May 10, 2018
Citation: 2015-CT-01491-SCT
The Petition for Writ of Certiorari filed by Glen Davis, pro se is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 10, 2018
Citation: 2015-CT-01559-SCT
The Petition for Writ of Certiorari filed by Sidney Jones is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 10, 2018
Citation: 2015-CT-01808-SCT
Arlene Carothers's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 10, 2018
Citation: 2015-CT-01809-SCT
The Petition for Writ of Certiorari filed by John H. Lofton is dismissed. Order entered.
Date: May 10, 2018
Citation: 2015-KA-01916-SCT
Docket Number: 2015-KA-01916-SCT
Justia Opinion Summary: Damion Pace was indicted for one count of burglary, two counts of kidnapping, one count of forcible rape, and one count of extortion. The jury acquitted Pace of forcible rape, but convicted him of one count of extortion,…
Date: May 10, 2018
Citation: 2016-CA-00807-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: May 10, 2018
Citation: 2016-CA-01366-SCT
Docket Number: 2016-CA-01366-SCT
Justia Opinion Summary: The trial court granted summary judgment in favor of George McKee and Brownsville Station, LLC, dismissing Monty Brown’s claims against them. Brown and McKee were former business partners. At one time they each owned a…
Date: May 10, 2018
Citation: 2016-CP-00957-SCT
Chamberlin, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell and Beam, JJ., Concur. Ishee, J., not participating.
Date: May 10, 2018
Citation: 2016-CT-00197-SCT
The Petition for Writ of Certiorari filed by Jess Green is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 10, 2018
Citation: 2016-CT-00347-SCT
The Petition for Writ of Certiorari filed by Ranzino Ahmad Harris is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 10, 2018
Citation: 2016-CT-01012-SCT
Bobbie Jean Lowe's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.
Date: May 10, 2018
Citation: 2016-CT-01039-SCT
The Petition for Writ of Certiorari filed pro se by Thomas J. Hooghe is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 10, 2018
Citation: 2016-CT-01415-SCT
Christopher Walker's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Randolph, P.J., and Ishee, J. Order entered.
Date: May 10, 2018
Citation: 2016-IA-01428-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: May 10, 2018
Citation: 2017-CA-00116-SCT
Docket Number: 2017-CA-00116-SCT
Justia Opinion Summary: Yates Construction, LLC, and D.W. Caldwell, Inc., entered into a construction subcontract for the roof installation on a residential dormitory at Auburn University in Auburn, Alabama. When Caldwell completed both the…
Date: May 10, 2018
Citation: 2017-CA-00137-SCT
The Motion for Rehearing filed by Appellants is denied. Kitchens, P.J., and King, J., would grant.
Date: May 10, 2018
Citation: 2017-CA-00246-SCT
Docket Number: 2017-CA-00246-SCT
Justia Opinion Summary: The Board of Supervisors of Rankin County appealed a circuit court decision granting Lakeland Income Properties’ summary judgment motion and holding that Lakeland Income Properties was properly before the circuit court…
Date: May 10, 2018
Citation: 2017-KA-00069-SCT
Docket Number: 2017-KA-00069-SCT
Justia Opinion Summary: Willard Marquis was convicted for the sexual battery of a female minor under the age of fourteen. In a pretrial competency hearing, J.D., who was seven at the time, was found to be competent to testify. And a day later,…
Date: May 3, 2018
Citation: 2012-M-00244
The Writ of Habeas Corpus filed by Lavon Yankton is dismissed. To Dismiss and Issue Sanctions Warning: Waller, C.J., Maxwell, Chamberlin and Ishee, JJ. To Deny and Issue Sanctions Warning: Randolph, P.J., and Coleman, J. To Dismiss without Sanctions Warning: Kitchens, P.J., King and Beam, JJ. Order entered.
Date: May 3, 2018
Citation: 2014-M-01185
Otis Lee Fairley's Application for Leave to Proceed in the Trial Court is dismissed. To Dismiss and Issue Sanctions Warning: Waller, C.J., Maxwell, Chamberlin and Ishee, JJ. To Deny and Issue Sanctions Warning: Randolph, P.J., and Coleman, J. To Dismiss without Sanctions Warning: Kitchens, P.J., King and Beam, JJ. Order entered.
Date: May 3, 2018
Citation: 2015-CT-00235-SCT
The Petition for Writ of Certiorari filed by Meekco Johnson is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 3, 2018
Citation: 2015-M-00678
The "Motion for Permission to Leave to File Motion for Post Conviction Collateral Relief to Correct Illegal Sentence and to be Re-sentenced or in the Alternative, New Amended Correcting Sentence Order" is dismissed as successive. To Dismiss: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J., and Coleman, J. Order entered.
Date: May 3, 2018
Citation: 2016-CT-00414-SCT
Wendy Chester's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: May 3, 2018
Citation: 2017-KA-00311-SCT
Docket Number: 2017-KA-00311-SCT
Justia Opinion Summary: Walter Sanford was convicted for aggravated DUI causing death under Mississippi Code Section 63-11-30(5). Having found no appealable issues, Sanford’s counsel filed a “Lindsey” brief. Sanford argued, pro se,…
Date: May 3, 2018
Citation: 2017-M-01428
The Application for Leave to File Motion for Post-Conviction Relief filed by Aqui Demetrius Rhodes is dismissed. To Dismiss: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J., and Coleman, J. Order entered.
Date: May 3, 2018
Citation: 2017-M-01650
The Application for Leave to Proceed in the Trial Court filed by Anthony Jones is dismissed. To Dismiss and Issue Sanctions Warning: Waller, C.J., Maxwell, Chamberlin and Ishee, JJ. To Deny and Issue Sanctions Warning: Randolph, P.J., and Coleman, J. To Dismiss without Sanctions Warning: Kitchens, P.J., King and Beam, JJ. Order entered.
Date: May 3, 2018
Citation: 2018-DR-00276-SCT
The Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is granted. Agree: All Justices. Order entered.
Date: April 26, 2018
Citation: 2010-M-00993
The Application for Leave to Proceed in the Trial Court filed by Lasharis Alford is dismissed. To Dismiss: Waller, C.J, Kitchens, P.J., King, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J., and Coleman, J. Order entered.
Date: April 26, 2018
Citation: 2014-M-00878
The Application for Leave to File Petition for Post-Conviction Relief filed by Willis K. Jones is dismissed. To Dismiss: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J., and Coleman, J. Order entered.
Date: April 26, 2018
Citation: 2016-CA-00063-SCT
Docket Number: 2016-CA-00063-SCT
Justia Opinion Summary: Doretha Thompson appealed a judgment entered in favor of defendants, Baptist Memorial Hospital DeSoto, Inc. (BMH-D), and James Fortune, M.D., in a medical malpractice case. A surgical sponge inadvertently was left inside…
Date: April 26, 2018
Citation: 2016-CT-00818-SCT
The Petition for Writ of Certiorari filed by Curtis Brown is granted. To Grant: Waller, C.J., Kitchens, P.J., King and Beam, JJ. To Deny: Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: April 26, 2018
Citation: 2016-CT-00914-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Deny: Waller, C.J., Kitchens, P.J., King and Coleman, JJ. Not Participating: Ishee, J. Order entered.
Date: April 26, 2018
Citation: 2016-KA-00990-SCT
Docket Number: 2016-KA-00990-SCT
Justia Opinion Summary: Jerry Lofton was convicted by jury for murder. He was sentenced as a habitual offender to life without parole. Lofton appealed, claiming he was forced to proceed pro se without knowingly or voluntarily waiving his right…
Date: April 26, 2018
Citation: 2017-M-01604
The Application for Leave to Proceed in the Trial Court filed by Jeffrey Grey Allen is dismissed in part and denied in part. All Justices Agree. Order entered.
Date: April 19, 2018
Citation: 2014-KA-01038-SCT
Docket Number: 2014-KA-01038-SCT
Justia Opinion Summary: In July 2014, a jury found Dominic Robinson guilty of three counts of aggravated assault, and he was sentenced to serve a total of thirty years in the custody of the Mississippi Department of Corrections. Robinson…
Date: April 19, 2018
Citation: 2015-CT-01134-SCT
Appellant's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: April 19, 2018
Citation: 2016-CT-00634-SCT
Petition for Writ of Certiorari filed by Clyde Eugene Williams is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: April 19, 2018
Citation: 2016-IA-00452-SCT
Docket Numbers: 2016-IA-00452-SCT, 2016-IA-00455-SCT
Justia Opinion Summary: This interlocutory appeal arose from a circuit court’s denial of a motion to transfer venue. Under Mississippi law, venue is determined at the time the lawsuit originally is filed. The resolution of this appeal hinged on…
Date: April 19, 2018
Citation: 2016-KA-01507-SCT
Docket Number: 2016-KA-01507-SCT
Justia Opinion Summary: A jury convicted Everett Moore of second-degree murder for the 2015 shooting and killing Norris Smith. The Circuit Court sentenced Moore to thirty years’ imprisonment. A majority of the Mississippi Supreme Court…
Date: April 19, 2018
Citation: 2017-CC-00669-SCT
Docket Number: 2017-CC-00669-SCT
Justia Opinion Summary: Shortly after the adoption of its comprehensive zoning ordinance and map in 2014, in June 2015, the City of Ridgeland (“the City”) adopted an amendment creating as a permitted use in general commercial (“C-2”) districts…
Date: April 19, 2018
Citation: 2017-M-01522-SCT
Petitioner's Petition for Permission to Appeal is granted. To Grant: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Ishee, JJ. To Deny: Kitchens, P.J., and King, J. Not Participating: Chamberlin, J. Order entered.
Date: April 19, 2018
Citation: 2018-AD-00001-SCT
En banc order directing the disbursement of $180,940.49 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Randolph, P.J., has no objection. Order Entered 04/16/18.</ul><br><hr>
Date: April 12, 2018
Citation: 2009-M-00329
Desmond D. Walton's Application for Leave to File Motion to Vacate, Set Aside or Correct the Sentence for Post-Conviction Collateral Relief with the Circuit Court of Forrest County, Mississippi is dismissed. Walton is hereby restricted from filing further petitions for post-conviction collateral relief (or pleadings in that nature) that are related to this conviction and sentence in forma pauperis until he has paid all outstanding sanctions. The Clerk of this Court shall not accept for filing any further petitions for post-conviction collateral relief (or pleadings in that nature) from Walton that are related to this conviction and sentence unless he either (a) pays the applicable docket fee or (b) pays all outstanding sanctions, thus lifting the in forma pauperis restriction. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ. Disagree: Kitchens, P.J., King, Beam and Ishee, JJ. Order entered.
Date: April 12, 2018
Citation: 2015-DR-01373-SCT
Timothy Robert Ronk's Motion for Sealed Document to Remain Under Seal is granted. The document titled "Redacted Information from Supplemental Exhibits" shall remain sealed unless the Court orders otherwise. All Justices Agree. Order entered.
Date: April 12, 2018
Citation: 2015-KA-00245-SCT
Docket Number: 2015-KA-00245-SCT
Justia Opinion Summary: A jury sentenced Willie Russell to death for murdering a correctional officer. Russell later claimed he was intellectually disabled and thus could not be executed under Atkins v.Virginia, 536 U.S. 304 (2002). In 2014,…
Date: April 12, 2018
Citation: 2016-CA-01275-SCT
Docket Number: 2016-CA-01275-SCT
Justia Opinion Summary: First Presbyterian Church PCUSA of Starkville, Mississippi, (“FPC”) sought declaratory relief, a temporary restraining order, and injunctive relief against the Presbytery of St. Andrew Presbyterian Church U.S.A., Inc.…
Date: April 12, 2018
Citation: 2016-CA-01438-SCT
The Motion for Rehearing filed by Appellant is denied. Coleman, J., not participating.
Date: April 12, 2018
Citation: 2016-CC-01693-SCT
Docket Number: 2016-CC-01693-SCT
Justia Opinion Summary: Twelve Medicaid-participating hospitals (“Hospitals”) challenged the Department of Medicaid’s (“DOM’s”) recalculation of their Medicaid outpatient rates for fiscal year 2001. The chancery court affirmed the opinion of…
Date: April 12, 2018
Citation: 2016-CT-00518-SCT
The Petition for Writ of Certiorari filed by Kevin Darnell Powell is denied. To Deny: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J. Not Participating: Ishee, J. Order entered.
Date: April 12, 2018
Citation: 2016-CT-01190-SCT
The Petition for Writ of Certiorari filed by Appellee is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: April 12, 2018
Citation: 2017-CA-00057-SCT
Docket Number: 2017-CA-00057-SCT
Justia Opinion Summary: Plaintiffs John Davis and Shad Denson filed a complaint seeking declaratory and injunctive relief against the City of Jackson, Mississippi (“City”). The plaintiffs, both taxicab drivers, sought: (1) a declaratory…
Date: April 12, 2018
Citation: 2017-CA-00211-SCT
Docket Number: 2017-CA-00211-SCT
Justia Opinion Summary: On April 19, 2011, the vehicles driven by Victor May and Kenneth Austin collided at the intersection of Northside Drive and Hanging Moss Road in Jackson, Mississippi. Claiming that the wreck produced injuries to his…
Date: April 12, 2018
Citation: 2017-IA-00010-SCT
Docket Number: 2017-IA-00010-SCT
Justia Opinion Summary: Rebecca Keyes, a former employee of Dollar General, filed suit against Dollar General Corporation; DG Mize, LLC; Dolgencorp, LLC d/b/a Dollar General Store #11775 (collectively “Dollar General”), alleging counts of…
Date: April 5, 2018
Citation: 2016-CA-01504-SCT
Docket Number: 2016-CA-01504-SCT
Justia Opinion Summary: A same-sex couple conceived a child through the use of artificial insemination (AI) of sperm from an anonymous donor. Kimberly Day was the gestational mother; Z.S. was born in 2011 in Mississippi. The couple separated in…
Date: April 5, 2018
Citation: 2016-CT-00203-SCT
Patrick King's Motion for a Writ of Certiorari from the Court of Appeals of Mississippi is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J., and Ishee, J. Order entered.
Date: April 5, 2018
Citation: 2016-CT-00457-SCT
David H. Vincent's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: April 5, 2018
Citation: 2016-CT-01290-SCT
The Petition for Writ of Certiorari filed by Gary Dillon and Shawna Dillon is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.
Date: April 5, 2018
Citation: 2017-KA-00604-SCT
Docket Number: 2017-KA-00604-SCT
Justia Opinion Summary: Jerry McGill saw someone in Bobby Brewer's Volvo and called police. McGill pursued the man on foot, later identified as Charles Naylor. Naylor had in his possession Brewer’s global positioning system (GPS) and an…
Date: March 29, 2018
Citation: 2014-CT-01356-SCT
The Petition for Writ of Certiorari filed by counsel for Joel Jones is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King and Coleman, JJ. Not Participating: Ishee, J. Order entered.
Date: March 29, 2018
Citation: 2015-CA-01369-SCT
The Motion to Clarify Mandate or in the Alternative Motion to Retax Costs filed by Johnson & Johnson, Inc. and Ortho-McNeil-Janssen Pharmaceuticals, Inc., is granted. The mandate issued on February 8, 2018, is hereby recalled. All costs of the appeal are taxed to Brenda Fortenberry as the Conservator of the Estate of the Person of Louise Taylor, the appellee/cross-appellant. The Clerk of the Court shall promptly issue a new mandate which provides in pertinent part: All costs of the appeal are taxed to Brenda Fortenberry, as the Conservator of the Estate of the Person of Louise Taylor, the appellee/cross-appellant. King, J., Disagrees. Order entered.
Date: March 29, 2018
Citation: 2015-M-00723
Robert W. DeYarmett's Application for Leave to Proceed in the Trial Court for Post-Conviction Collateral Relief is dismissed. DeYarmett is hereby warned that he may be sanctioned for any future filing deemed frivolous. DeYarmett's motions to amend are denied. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ. Disagree: Kitchens, P.J., King, Beam and Ishee, JJ. Order entered.
Date: March 29, 2018
Citation: 2016-CT-00735-SCT
John Gale's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: March 29, 2018
Citation: 2016-IA-01356-SCT
Docket Numbers: 2016-CA-01400-SCT, 2016-IA-01356-SCT
Justia Opinion Summary: Tommy Brooks Oil Co. (“Brooks Oil”) challenged the trial court’s grant of summary judgment in favor of Jerry Wilburn. According to Brooks Oil, Wilburn Oil Co., Inc. (“Wilburn Oil”) had amassed nearly $1 million in unpaid…
Date: March 29, 2018
Citation: 2016-KA-01555-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: March 22, 2018
Citation: 2016-CA-00982-SCT
Docket Numbers: 2016-CA-00982-SCT, 2016-CA-01006-SCT
Justia Opinion Summary: Pursuant to Mississippi Code Section 27-35-119 (Rev. 2017), Natchez Hospital Company, LLC, (“Hospital”) filed a Complaint and Petition For Reduction of Assessment on Software. This ad valorem assessment was made by the…
Date: March 22, 2018
Citation: 2016-CT-00112-SCT
Appellant's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: March 22, 2018
Citation: 2016-CT-00501-SCT
The Petition for Writ of Certiorari filed by Dezjon Daniels is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., and King, J. Not Participating: Ishee, J. Order entered.
Date: March 22, 2018
Citation: 2016-CT-00687-SCT
The Petition for Certiorari filed by counsel for Jerrard T. Cook is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., and King, J. Not Participating Ishee, J. Order entered.
Date: March 22, 2018
Citation: 2017-CA-00251-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: March 22, 2018
Citation: 2017-IA-00026-SCT
Date: March 15, 2018
Citation: 2015-CA-01651-SCT
The Motion for Rehearing filed by Appellant is denied. Waller, C.J., and Coleman, J., would grant.
Date: March 15, 2018
Citation: 2015-CT-00578-SCT
Docket Number: 2015-CT-00578-SCT
Justia Opinion Summary: Two officers with the Mississippi Department of Wildlife, Fisheries, and Parks (MDWFP) observed Donald Bernius speeding on the Tchoutacabouffa River in Harrison County, Mississippi. Prior to effecting a stop, the…
Date: March 15, 2018
Citation: 2015-CT-01760-SCT
Docket Number: 2015-CT-01760-SCT
Justia Opinion Summary: Bettye Logan sustained a compensable leg injury while employed at Klaussner Furniture Corporation d/b/a Bruce Furniture Industries (“Klaussner”). An Administrative Judge (“AJ”), and the Mississippi Workers’ Compensation…
Date: March 15, 2018
Citation: 2016-CA-00177-SCT
The Motion for Rehearing filed by Appellant is denied. Waller, C.J., and Coleman, J., would grant.
Date: March 15, 2018
Citation: 2016-CA-00338-SCT
The Motion for Rehearing filed by Appellants is denied. The Amended Motion for Rehearing filed by Appellants is denied. Coleman and Maxwell, JJ., would grant.
Date: March 15, 2018
Citation: 2016-CA-01157-SCT
Docket Number: 2016-CA-01157-SCT
Justia Opinion Summary: Stacy Triplett filed three lawsuits against her former employer, Southern Hens, all stemming from an incident in which Triplett, while working, witnessed the gruesome death of a coworker. This incident caused Triplett…
Date: March 15, 2018
Citation: 2016-CA-01255-SCT
The Motion to Modify Mandate filed by counsel for John Renner is granted. The mandate in this matter issued February 22, 2018, shall be recalled. The costs of this appeal shall be assessed to the Appellees. The new mandate shall issue immediately upon entry of this order. Order entered.
Date: March 15, 2018
Citation: 2016-IA-00636-SCT
Docket Number: 2016-IA-00636-SCT
Justia Opinion Summary: This interlocutory appeal arose from a 2010 civil suit filed by Carol Clement against Russell Puckett. After Puckett’s death in 2014, Clement substituted the Estate of Russell Puckett (the “Estate”) as the defendant in…
Date: March 15, 2018
Citation: 2016-IA-01096-SCT
Docket Number: 2016-IA-01096-SCT
Justia Opinion Summary: Teresa Vermilyea and her daughter, Julie Vermilyea Kasby, filed suit against Singing River Health System, Jennifer Thomas-Taylor, M.D.; Alva Britt, R.N.; Benjamin Hudson, M.D.; and Emergency Room Group, Ltd., pursuant to…
Date: March 15, 2018
Citation: 2016-KA-00774-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., and King, J., would grant.
Date: March 15, 2018
Citation: 2016-KA-00816-SCT
Docket Number: 2016-KA-00816-SCT
Justia Opinion Summary: Sedric Sutton was indicted by a grand jury on two counts: (1) possession of a controlled substance with intent to distribute and (2) possession of a firearm by a convicted felon. After a trial by jury, Sutton was…
Date: March 15, 2018
Citation: 2016-M-01514
Gregory Dunn's letter motion is dismissed as procedurally barred. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ. Disagree: Kitchens, P.J., King, Beam and Ishee, JJ. Order entered.
Date: March 15, 2018
Citation: 2017-CP-00152-SCT
Docket Number: 2017-CP-00152-SCT
Justia Opinion Summary: After exhausting the administrative remedies program within the Mississippi Department of Corrections, Forrest Thomas III appealed to the circuit court for review of the Department’s decision denying him trusty time…
Date: March 8, 2018
Citation: 2015-CT-00819-SCT
Docket Number: 2015-CT-00819-SCT
Justia Opinion Summary: Craig Sallie was charged with one count of aggravated assault for shooting Gregory Johnson in the back and one count of possession of a weapon by a convicted felon. A jury found Sallie guilty of both counts, and the…
Date: March 8, 2018
Citation: 2015-CT-01798-SCT
The Petition for Writ of Certiorari filed by counsel for Charles Vandevort is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: March 8, 2018
Citation: 2015-KA-01636-SCT
Docket Number: 2015-KA-01636-SCT
Justia Opinion Summary: In 2005, Joey Chandler was convicted for the murder of his cousin Emmitt Chandler and sentenced to life in prison under Mississippi Code Section 97-3-21 (2005). His conviction and sentence was affirmed on appeal. In…
Date: March 8, 2018
Citation: 2016-CT-00249-SCT
The Appellees' Petition for Writ of Certiorari is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Beam and Chamberlin, JJ. To Grant: Waller, C.J., and Maxwell, J. Not Participating: Ishee, J. Order entered.
Date: March 8, 2018
Citation: 2016-CT-00464-SCT
Russell Gaillard's Petition for Writ of Certiorari is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Waller, C.J. Not Participating: Ishee, J. Order entered.
Date: March 8, 2018
Citation: 2016-CT-00504-SCT
The Petition for Writ of Certiorari filed by counsel for Charles Vandevort is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: March 8, 2018
Citation: 2017-CA-00137-SCT
Docket Number: 2017-CA-00137-SCT
Justia Opinion Summary: Several members of the Collins family sued the City of Newton and several of its officials alleging wrongful termination, intentional infliction of emotional distress, negligent infliction of emotional distress, slander,…
Date: March 1, 2018
Citation: 2015-CA-01645-SCT
The Motion for Rehearing filed by Appellant is denied. Beam and Ishee, JJ., Not Participating.
Date: March 1, 2018
Citation: 2015-CT-01828-SCT
The Petition for Writ of Certiorari filed by Jermaine Crump is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: March 1, 2018
Citation: 2016-CA-00288-SCT
Docket Numbers: 2016-CA-00288-SCT, 2016-CA-01589-SCT
Justia Opinion Summary: The central issue at issue in this case involved a dispute between a mother and son, Carolyn Ware (“Carolyn”) and Richard Ware (“Richard”), regarding the distribution of shares of stock of three closely held…
Date: March 1, 2018
Citation: 2016-CA-00742-SCT
The Motion for Rehearing filed by Appellants is denied. Ishee, J., Not Participating.
Date: March 1, 2018
Citation: 2016-CA-01438-SCT
Docket Number: 2016-CA-01438-SCT
Justia Opinion Summary: Ralph Smith sued the Attorney General of Mississippi, Jim Hood, raising various causes of action, each of which was premised on Smith’s purely legal argument that the Office of the Attorney General was in the judicial…
Date: March 1, 2018
Citation: 2016-CA-01488-SCT
Docket Number: 2016-CA-01488-SCT
Justia Opinion Summary: Biel REO, LLC (“Biel REO”), filed a breach of contract and guaranty action. Note 1 was secured by property in Okaloosa County, Florida. While the Mississippi case remained pending, Biel REO foreclosed on the Florida…
Date: March 1, 2018
Citation: 2016-CT-00035-SCT
William Mack, Jr.'s Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: March 1, 2018
Citation: 2016-CT-00357-SCT
The Clerk of the Court shall recall the mandate that was issued on January 2, 2018. Latrai Spraggins's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. To Dismiss: Coleman, J. Not Participating: Ishee, J. Order entered.
Date: March 1, 2018
Citation: 2016-DR-00092-SCT
The Motion to Supplement filed by Petitioner is granted. The Motion for Leave to Seek Access to Records and Witnesses in the Circuit Court filed by Petitioner is denied. To Deny Motion for Leave to Seek Access to Records and Witnesses in the Circuit Court: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant Motion for Leave to Seek Access to Records and Witnesses in the Circuit Court: Kitchens, P.J., and King, J. To Grant Motion to Supplement: All Justices. Order entered.
Date: March 1, 2018
Citation: 2016-KA-01252-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., would grant.
Date: March 1, 2018
Citation: 2016-KA-01734-SCT
Docket Number: 2016-KA-01734-SCT
Justia Opinion Summary: Casey Woods was indicted on one count of first degree murder, stemming from the shooting of his girlfriend’s estranged husband. Woods also was indicted on one count of possession of a firearm by a convicted felon. The…
Date: March 1, 2018
Citation: 2017-DR-01373-SCT
The Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is dismissed without prejudice to Brown's right to seek relief in the trial court. Agree: All Justices. Order entered.
Date: February 22, 2018
Citation: 2010-DP-01348-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., and King, J., would grant.
Date: February 22, 2018
Citation: 2015-CA-01818-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., would grant.
Date: February 22, 2018
Citation: 2015-IA-01762-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., and King, J., would grant.
Date: February 22, 2018
Citation: 2016-CT-01019-SCT
The Petition for Writ of Certiorari filed by counsel for Kenneth Ray Ainsworth is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: February 22, 2018
Citation: 2016-IA-00865-SCT
The Petition for Interlocutory Appeal filed by counsel for the Appellants was granted on October 11, 2016. The Court now finds that there is no need for further review, and this appeal is dismissed. All costs of this appeal are assessed to the Appellants. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell and Ishee, JJ. Disagree: Coleman, J., Not Participating: Chamberlin, J. Beam, J., for the Court. Order entered.
Date: February 15, 2018
Citation: 2015-CT-00644-SCT
Docket Number: 2015-CT-00644-SCT
Justia Opinion Summary: The Court of Appeals issued an opinion affirming a circuit court’s denial of Illinois Central Railroad’s request for a setoff of a jury verdict awarded to Bennie Oakes through his representative Clara Hagan. As described…
Date: February 15, 2018
Citation: 2016-CA-00572-SCT
Docket Number: 2016-CA-00572-SCT
Justia Opinion Summary: This appeal stemmed from Brian Pedigo’s suit against Rent-A-Center, Inc., for actual and punitive damages, alleging claims of malicious prosecution, false imprisonment, and intentional infliction of emotional distress.…
Date: February 15, 2018
Citation: 2016-CA-00807-SCT
Docket Numbers: 2016-CA-00807-SCT, 2016-IA-01428-SCT
Justia Opinion Summary: Patrick Ridgeway sought an irreconcilable differences divorce from Louise Ridgeway (now Hooker). The parties entered into a written agreement, which the Chancery Court approved and memorialized in its Final Judgment of…
Date: February 15, 2018
Citation: 2016-CA-01255-SCT
Appellees' Motion for Rehearing is denied.
Date: February 15, 2018
Citation: 2016-CA-01270-SCT
Docket Number: 2016-CA-01270-SCT
Justia Opinion Summary: In 1996, the City of Gulfport filed an eminent domain complaint against Dedeaux Utility Company. Gulfport did not take physical control of the utility until December 20, 2004, after a jury awarded Dedeaux $3,634,757.…
Date: February 15, 2018
Citation: 2016-CT-00124-SCT
Johnny Lewis Washington's Petition for a Writ of Certiorari is denied. To Deny: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., and King, J. Not Participating: Waller, C.J., and Ishee, J. Order entered.
Date: February 15, 2018
Citation: 2016-CT-00383-SCT
Appellee's Petition for a Writ of Certiorari is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.
Date: February 15, 2018
Citation: 2016-CT-00630-SCT
The Petition for Writ of Certiorari filed by Akeem Abdullah Rasheed, pro se is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J., and Ishee, J. Order entered.
Date: February 15, 2018
Citation: 2016-CT-01278-SCT
James Curtis Clark's Petition for Writ of Certiorari, filed pro se, is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: February 15, 2018
Citation: 2016-IA-00398-SCT
Docket Number: 2016-IA-00398-SCT
Justia Opinion Summary: In August 2014, Dianne and Reggie Harkins alleged the direct and proximate negligence of multiple healthcare providers located in Leake County and Hinds County resulted in, among other problems, the amputation of Dianne…
Date: February 15, 2018
Citation: 2016-IA-01118-SCT
Docket Number: 2016-IA-01118-SCT
Justia Opinion Summary: Turtle Creek Crossing, LLC, a minority interest holder in Kimco Hattiesburg, L.P., filed an action in circuit court after it learned it would receive no distribution from the sale of the partnership’s only asset, a…
Date: February 8, 2018
Citation: 2014-KA-01172-SCT
Docket Number: 2014-KA-01172-SCT
Justia Opinion Summary: Laqunn Gary carjacked Vizavian Trent Darby at gunpoint. When Darby refused to get out of the car, Gary shot Darby in the head, killing him. At Gary’s trial, the jury watched a video of Gary confessing to killing Darby.…
Date: February 8, 2018
Citation: 2015-CT-01004-SCT
The Petition for Writ of Certiorari filed by Arron Lyons, pro se is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: February 8, 2018
Citation: 2015-KA-00772-SCT
The Motion for Rehearing filed by Appellant is denied. Waller, C.J., Kitchens, P.J., and King, J., would grant.
Date: February 8, 2018
Citation: 2016-CA-00728-SCT
The Motion for Rehearing filed by Appellant is denied. Maxwell and Chamberlin, JJ., would grant. Ishee, J., Not Participating.
Date: February 8, 2018
Citation: 2016-CA-00844-SCT
Docket Numbers: 2016-CA-01299-SCT, 2016-CA-00844-SCT
Justia Opinion Summary: Benardrick McKinney and Kasey Hamp’s son, K.M., was born out of wedlock while McKinney attended and played football for Mississippi State University. Hamp sought assistance to pay for K.M.’s support and expenses. The…
Date: February 8, 2018
Citation: 2016-CT-00215-SCT
Appellant/Petitioner's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Randolph and Kitchens, P.JJ., King and Beam, JJ. To Deny: Coleman, Maxwell and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: February 8, 2018
Citation: 2016-CT-00401-SCT
Demarco Wolfe's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: February 8, 2018
Citation: 2016-CT-01136-SCT
The Petition for Writ of Certiorari filed by Ralph Edward Lloyd is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: February 8, 2018
Citation: 2016-KA-01286-SCT
Docket Number: 2016-KA-01286-SCT
Justia Opinion Summary: Joseph Patton was convicted by jury of murdering his uncle with an ax to the throat. Patton appealed, claiming his trial was rendered fundamentally unfair by the trial court’s refusal to strike for cause two prospective…
Date: February 8, 2018
Citation: 2017-CA-00173-SCT
Docket Number: 2017-CA-00173-SCT
Justia Opinion Summary: K&A Enterprises of Mississippi, LLC, filed suit against Phyllis and James Maness for breach of contract. The claim arose from Phyllis and James Maness’s termination of the Option Contract between the parties. K&A…
Date: February 8, 2018
Citation: 2017-KA-00178-SCT
Docket Number: 2017-KA-00178-SCT
Justia Opinion Summary: Eddrick Cyrus was convicted by jury on sale of less than two grams of a controlled substance. Cyrus appeals, arguing the verdict was against the overwhelming weight of the evidence and that he was entitled to a new…
Date: February 8, 2018
Citation: 2018-AD-00001-SCT
En banc order directing the disbursement of $168,778.42 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Randolph, P.J., has no objection. Order Entered 01/31/18. </ul><br><hr>
Date: February 8, 2018
Citation: 89-R-99033-SCT
The Petition to Amend Certain Rules of the Mississippi Uniform Rules of Youth Court Practice to Conform with Recent Legislative Changes and to Clarify Procedures is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>
Date: February 1, 2018
Citation: 2013-CT-02002-SCT
The Motion for Rehearing filed by David Huggins is denied. Waller, C.J., and Coleman, J., would grant. Kitchens, P.J., Maxwell and Ishee, JJ., Not Participating.
Date: February 1, 2018
Citation: 2014-CT-00894-SCT
The Motion for Rehearing filed by David Huggins is denied. Waller, C.J., and Coleman, J., would grant. Kitchens, P.J., Maxwell and Ishee, JJ., Not Participating.
Date: February 1, 2018
Citation: 2014-IA-00465-SCT
Date: February 1, 2018
Citation: 2015-CA-01369-SCT
The Motion for Rehearing filed by Brenda Fortenberry is denied. Kitchens, P.J., and King, J., would grant. Ishee, J., Not Participating.
Date: February 1, 2018
Citation: 2015-CT-01462-SCT
The Petition for Writ of Certiorari filed by counsel for William Ray Parks is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J., and Ishee, J. Order entered.
Date: February 1, 2018
Citation: 2015-CT-01513-SCT
The Petition for Writ of Certiorari filed by James Wayne Sullivan is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.
Date: February 1, 2018
Citation: 2015-CT-01627-SCT
The Petition for Writ of Certiorari filed pro se by Edwina Robbins is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: February 1, 2018
Citation: 2016-CA-00678-SCT
Docket Number: 2016-CA-00678-SCT
Justia Opinion Summary: The Jackson City Council passed an ordinance rezoning an approximately 0.3 acre parcel of property in the City limits. Ben Allen, individually and in his capacity as President of Downtown Jackson Partners, Inc., filed a…
Date: February 1, 2018
Citation: 2016-CT-00366-SCT
Appellees' Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Kitchens, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: King and Ishee, JJ. Order entered.
Date: February 1, 2018
Citation: 2016-CT-00409-SCT
The Petition for Writ of Certiorari filed by counsel for Amy Clemons Plummer is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: February 1, 2018
Citation: 2016-CT-00532-SCT
Docket Number: 2016-CT-00532-SCT
Justia Opinion Summary: Thomas Harris sought a reduction in the alimony award he paid to Susan Harris, due to the Social Security benefits she was receiving that were based on his income. After review of the applicable law in Mississippi and in…
Date: February 1, 2018
Citation: 2016-CT-01043-SCT
The Petition for Writ of Certiorari filed by Imperial Palace of Mississippi, LLC, is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: February 1, 2018
Citation: 2016-CT-01498-SCT
The Petition for Writ of Certiorari filed by Darius Cornelius Ford is dismissed as untimely. Order entered.
Date: February 1, 2018
Citation: 2016-IA-01364-SCT
Docket Number: 2016-IA-01364-SCT
Justia Opinion Summary: Jackson HMA moved for summary judgment on Evelyn Harris’s medical negligence claims, arguing that Harris failed to present expert medical testimony in support thereof. The trial court denied the motion for summary…
Date: February 1, 2018
Citation: 2016-KA-01311-SCT
The Motion for Rehearing filed by the Appellant is denied. Ishee, J., Not Participating.
Date: February 1, 2018
Citation: 2016-KA-01441-SCT
Docket Number: 2016-KA-01441-SCT
Justia Opinion Summary: John Cole was convicted by jury for possession of less than thirty grams of marijuana with the intent to distribute, and possession of a firearm by a convicted felon. He was sentenced as a habitual offender. As a result,…
Date: February 1, 2018
Citation: 2017-CA-00226-SCT
Docket Number: 2017-CA-00226-SCT
Justia Opinion Summary: The sole issue presented for the Mississippi Supreme Court’s review was the interpretation of Mississippi Code Section 11-44-7, which provided the method for determining attorney’s fees in a wrongful conviction and…
Date: February 1, 2018
Citation: 2017-CA-00251-SCT
Docket Number: 2017-CA-00251-SCT
Justia Opinion Summary: Nolana and Chad Griffin married in 2001. They had four daughters together—one born in 2001, another born in 2004, and twins born in 2009. Nolana was a high school teacher for the Walthall County School District. In early…
Date: January 25, 2018
Citation: 2014-CT-01505-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., and King, J., would grant. Waller, C.J., and Ishee, J., not participating.
Date: January 25, 2018
Citation: 2015-CT-00173-SCT
Docket Number: 2015-CT-00173-SCT
Justia Opinion Summary: Twenty years after their divorce, Deveaux Carter filed for contempt against her exhusband, Allen Davis, for failing to pay child support and for their daughters’ medical, college, and other expenses. After a hearing, the…
Date: January 25, 2018
Citation: 2015-CT-00523-SCT
Remill Mason's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J. Not Participating: King and Ishee, JJ. Order entered.
Date: January 25, 2018
Citation: 2015-CT-01613-SCT
Appellants' Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: January 25, 2018
Citation: 2015-CT-01646-SCT
Ola Kirk's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: King, J. Not Participating: Ishee, J. Order entered.
Date: January 25, 2018
Citation: 2015-CT-01686-SCT
Appellant's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: January 25, 2018
Citation: 2015-CT-01903-SCT
Charles Griner's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Beam and Ishee, JJ. Order entered.
Date: January 25, 2018
Citation: 2016-CA-00875-SCT
Docket Numbers: 2015-CA-00208-SCT, 2016-CA-00875-SCT
Justia Opinion Summary: The husband in this case divorced his wife and entered into a property-settlement agreement that strongly favored his wife and child. The chancellor approved and adopted the agreement and incorporated it as part of the…
Date: January 25, 2018
Citation: 2016-CT-00379-SCT
The Petition for Writ of Certiorari filed by counsel for Bobby Lee Allen is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: King, J. Not Participating: Ishee, J. Order entered.
Date: January 25, 2018
Citation: 2016-CT-01164-SCT
The City of Jackson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: January 25, 2018
Citation: 2016-KA-00959-SCT
The Motion for Rehearing filed by Appellant is denied. Ishee, J., not participating.
Date: January 25, 2018
Citation: 2016-KM-01332-SCT
Docket Number: 2016-KM-01332-SCT
Justia Opinion Summary: The circuit court dismissed as untimely Larry Christmas’s county court misdemeanor conviction on traffic charges (no proof of liability insurance). Christmas appealed the circuit court’s dismissal to the Mississippi…
Date: January 18, 2018
Citation: 2005-CT-00526-SCT
Hopper's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: January 18, 2018
Citation: 2006-CT-01607-SCT
Hopper's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: January 18, 2018
Citation: 2010-M-00596
The Motion for Leave to Amend Motion for Post-Conviction Relief and the Second Motion to Amend are granted. The Application for Leave to Proceed in the Trial Court is denied. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Disagree: Kitchens, P.J., King and Ishee, JJ. Order entered.
Date: January 18, 2018
Citation: 2014-CT-01273-SCT
Hopper's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: January 18, 2018
Citation: 2014-M-01823
The Motion for Leave to Amend Petition for Post-Conviction Relief is granted. The Application for Leave to Proceed in the Trial Court is denied. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Disagree: Kitchens, P.J., and King, J. Order entered.
Date: January 18, 2018
Citation: 2015-CT-01438-SCT
The Petition for Certiorari filed by Appellant Curtis Norris is denied. To Deny: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Waller, C.J., Kitchens, P.J., and King, J. Not Participating: Ishee, J. Order entered.
Date: January 18, 2018
Citation: 2015-CT-01771-SCT
The Petition for Writ of Certiorari filed by Appellants Elnora Holmes and Irma Venson is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam and Chamberlin, JJ. Not Participating: Coleman and Ishee, JJ. Order entered.
Date: January 18, 2018
Citation: 2015-DR-01373-SCT
Before the Court, en banc, Timothy Robert Ronk's Motion for Sealed Documents to Remain Under Seal is denied. On or before February 12, 2018, Ronk shall refile his Supplement to the Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief with Exhibits unsealed. All Justices Agree. Order entered 1/11/18.
Date: January 18, 2018
Citation: 2015-KA-00245-SCT
Before the Court, en banc, the Motion for Approval of Attorney Fees filed by David P. Voisin, counsel for Appellee, is granted. Order entered on 1/11/18.
Date: January 18, 2018
Citation: 2016-CT-00262-SCT
The Petition for Writ of Certiorari filed by Appellant John Ed Oliver, II is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell and Beam, JJ. To Grant: Kitchens, P.J., King and Coleman, JJ. Not Participating: Chamberlin and Ishee, JJ. Order entered.
Date: January 18, 2018
Citation: 2016-CT-00704-SCT
The Petition for Writ of Certiorari filed by Appellant Robert Allen Worth, pro se, is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: January 18, 2018
Citation: 2016-CT-01123-SCT
The Petition for Writ of Certiorari filed pro se by Bobby Campbell is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: January 18, 2018
Citation: 2016-KA-01555-SCT
Docket Number: 2016-KA-01555-SCT
Justia Opinion Summary: Notwithstanding Garrett Ray’s appointed appellate counsel filing a “Lindsey” brief, certifying she had thoroughly examined the record and found no arguable issues supporting Ray’s appeal, he filed a pro se brief, arguing…
Date: January 18, 2018
Citation: 2017-DR-00206-SCT
The Motion for Rehearing filed by the Appellee is denied. Randolph, P.J., Maxwell and Beam, JJ., would grant. Chamberlin, J., not participating.
Date: January 11, 2018
Citation: 2014-CA-01213-SCT
Docket Number: 2014-CA-01213-SCT
Justia Opinion Summary: In 2005, the State of Mississippi filed suit against more than eighty prescription drug manufacturers alleging, among other things, that each committed common-law fraud and violations of the Mississippi Consumer…
Date: January 11, 2018
Citation: 2015-CA-00596-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., and King, J., would grant.
Date: January 11, 2018
Citation: 2015-CT-01766-SCT
Appellant's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam and Chamberlin, JJ. To Grant: Coleman, J. Not Participating: Ishee, J. Order entered.
Date: January 11, 2018
Citation: 2016-CA-01530-SCT
Docket Number: 2016-CA-01530-SCT
Justia Opinion Summary: Patrick Gray and Felecia Hannah Dotch petitioned the Chancery Court to allow Gray to adopt D.D.H. without terminating Dotch’s parental rights. Dotch and Gray have never been married, and only Dotch is listed on D.D.H.’s…
Date: January 11, 2018
Citation: 2016-CT-00168-SCT
The Petition for Writ of Certiorari filed by Appellant, Kenny Walton is denied. To Deny: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J. Not Participating: Ishee, J. Order entered.
Date: January 11, 2018
Citation: 2016-CT-00362-SCT
The Petition for Writ of Certiorari filed pro se by Willie Duck is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J., and Ishee, J. Order entered.
Date: January 11, 2018
Citation: 2016-CT-00638-SCT
The Petition for Writ of Certiorari filed by Shawn Labarron Davis is denied. To Deny: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Waller, C.J., Kitchens, P.J., and King, J. Not Participating: Ishee, J. Order entered.
Date: January 11, 2018
Citation: 2016-CT-00838-SCT
Lamarcus Wallace's Petition for Writ of Certiorari is dismissed. Order entered.
Date: January 11, 2018
Citation: 2016-KA-00469-SCT
Docket Number: 2016-KA-00469-SCT
Justia Opinion Summary: In 2015, a grand jury indicted Tony Swinney for robbery with an enhancement for a crime committed against a victim of sixty-five years of age or older, and conspiracy to commit robbery. Earlier that year, Audrey Swinney…
Date: January 11, 2018
Citation: 2017-BA-00250-SCT
The Mississippi Bar's Motion to Dismiss Michael W. Crosby's Appeal is Dismissed as Moot. Order entered.
Date: January 11, 2018
Citation: 2017-M-00796
The Motion for Rehearing filed by Eddie Earl Phillips is granted. The Clerk of this Court shall provide Phillips a free copy of his records and transcripts. The Court's August 3, 2017, order in this matter is vacated. To Grant: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J., and Coleman, J. Order entered.
Date: January 11, 2018
Citation: 89-R-99006-SCT
The Motion to Amend Certain Uniform Rules filed by the Advisory Committee on Rules is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>
Date: January 11, 2018
Citation: 89-R-99025-SCT
The Motion to Amend Certain Uniform Rules filed by the Advisory Committee on Rules is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>
Date: January 11, 2018
Citation: 89-R-99039-SCT
On the Court's own motion, finding that certain appointments expired on December 31, 2017, the en banc Court now makes the following appointments to the State Drug Courts Advisory Committee as set out in the Order. The Clerk of this Court is directed forthwith to forward true copies of this order to all members of the State Drug Courts Advisory Committee. Order entered on 1/05/18.</ul><br><hr>
Date: January 4, 2018
Citation: 2015-CT-00243-SCT
The Petition for Writ of Certiorari filed by Robert Hammons, Jr., is granted. To Grant: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam and Chamberlin, JJ. To Deny: Coleman, J. Not Participating: Ishee, J. Order entered.
Date: January 4, 2018
Citation: 2015-CT-01652-SCT
Jameil Clark's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Date: January 4, 2018
Citation: 2016-KA-00774-SCT
Docket Number: 2016-KA-00774-SCT
Justia Opinion Summary: In 2011, Robert Terrell, through a middleman Archie Nicholson, recruited Ricardo Hawthorne to record forged property deeds purporting to convey John McLendon’s property to Hawthorne. Terrell and his coconspirators then…
Date: January 4, 2018
Citation: 2017-AD-00001
Circuit Judge Jeff A. Weill, Sr., submitted a Trial Judges Office Allowance Reimbursement Form, dated October 3, 2017, requesting reimbursement for security equipment he purchased for use in his personal residence. After due consideration of the reimbursement request and the provisions of Miss. Code Ann. Section 9-1-36 (Rev. 2014), the Court denies Judge Weill's reimbursement request. Order entered 12/15/17.</ul><br><hr>
Date: January 4, 2018
Citation: 89-R-99010-SCT
Order appointing Hon. LaRita Cooper-Stokes, Brandon I. Dorsey, Brehm T. Bell, Hon. Anthony A. Mozingo, Hon. Smith Murphey V, and William H. Davis, Jr. as complaint tribunal members through December 31, 2020. Order entered 12/15/17.</ul><br><hr>
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