Supreme Court of Mississippi Decisions 2017

Tunica County Board of Supervisors v. HWCC-Tunica, LLC  
Date: December 14, 2017
Citation: 2015-CA-01645-SCT
Docket Number: 2015-CA-01645-SCT

Justia Opinion Summary: The Board of Supervisors of Tunica County, Mississippi (the Board), ordered an ad valorem tax levy for fiscal year 2014-15 and increased the millage rate from the previous year. After entering the order, the Board advert...

Patrick Evans Clark a/k/a Patrick E. Clark a/k/a Patrick Clark v. State of Mississippi
Date: December 14, 2017
Citation: 2015-CT-00430-SCT
The Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ. King, Coleman, Maxwell and Beam, JJ. Not Participating: Chamberlin and Ishee, JJ. Order entered.
In the Matter of the Estate of Houston T. Jarvis, Sr.: Shelby J. Kilpatrick, Individually and as Executrix of the Estate of Houston T. Jarvis, Sr. v. Houston T. Jarvis, Jr. and William C. Jarvis
Date: December 14, 2017
Citation: 2015-CT-00739-SCT
The Petition for Writ of Certiorari filed by Shelby J. Kilpatrick 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.
Charles Shortie v. Rochelle George, Individually and as the Personal Representative for and on behalf of the Wrongful Death Beneficiaries of Oner K. Shortie, Deceased
Date: December 14, 2017
Citation: 2015-CT-00944-SCT
The Petition for Writ of Certiorari of Charles Shortie 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.
Yoginder Dandass a/k/a Yogineer Dandass a/k/a Yogi Dandass v. State of Mississippi
Date: December 14, 2017
Citation: 2015-CT-01352-SCT
Yoginder Dandass's Petition for a 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.
Jerry L. Kennedy v. Claiborne County, Mississippi, by and through its Board of Supervisors, Claiborne County Hospital and Board of Trustees of Claiborne County Hospital
Date: December 14, 2017
Citation: 2015-CT-01397-SCT
The Petition for Writ of Certiorari of Appellant Jerry Kennedy 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, Jr. Order entered.
Mississippi v. Russell  
Date: December 14, 2017
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, th...

In the Matter of the Estate of Dorothy Johnson  
Date: December 14, 2017
Citation: 2016-CA-00338-SCT
Docket Number: 2016-CA-00338-SCT

Justia Opinion Summary: This appeal stemmed from a Chancery Court judgment setting aside inter vivos gifts made by Sheila West. Acting through a durable power of attorney granted by her mother, Dorothy Johnson, Sheila West removed her brother’s...

Lavern Jeffrey Moran a/k/a Lavern J. Moran v. State of Mississippi
Date: December 14, 2017
Citation: 2016-CT-00188-SCT
The Petition for Writ of Certiorari filed by Lavern Jeffrey Moran 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.
Rothell Chambliss a/k/a Rothel Chambliss v. State of Mississippi
Date: December 14, 2017
Citation: 2016-CT-00316-SCT
Brandy Nicole Williams a/k/a Brandy Williams a/k/a Brandy N. Williams v. State of Mississippi
Date: December 14, 2017
Citation: 2016-KA-00552-SCT
The Motion for Rehearing filed by the Appellant is denied. Not Participating: Ishee, J.
High v. Kuhn  
Date: December 14, 2017
Citation: 2017-CA-00092-SCT
Docket Number: 2017-CA-00092-SCT

Justia Opinion Summary: In a preceding case involving these parties, the Mississippi Supreme Court reversed the judgment of the special court of eminent domain, specifically finding plaintiffs Todd and Angela Kuhn were not entitled to condemn C...

Lefoldt v. Rentfro  
Date: December 14, 2017
Citation: 2017-FC-00486-SCT
Docket Number: 2017-FC-00486-SCT

Justia Opinion Summary: After Natchez Regional Medical Center (“NRMC”) filed for Chapter 9 bankruptcy, H. Kenneth Lefoldt, who had been appointed trustee for the NRMC Liquidation Trust, sued NRMC’s former directors and officers in the United St...

In Re: Code of Judicial Conduct
Date: December 14, 2017
Citation: 89-R-99013-SCT
Averald D. Burnett, Jr. a/k/a Junior Burnett a/k/a JR a/k/a Averald Burnett, Jr. a/k/a Averald D. Burnett a/k/a Averal Dan Burnett, Jr. a/k/a Averal Dan "Junior" Burnett a/k/a Averal D. Burnett, Jr. v. State of Mississippi
Date: December 7, 2017
Citation: 2015-CT-00210-SCT
The Petition for Writ of Certiorari filed by Appellant Averald D. Burnett, Jr., is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell and Chamberlin, JJ. Not Participating: Beam and Ishee, JJ., Order entered.
Demario Walker a/k/a Demario D. Walker a/k/a Demario Dontez Walker v. State of Mississippi
Date: December 7, 2017
Citation: 2015-CT-00912-SCT
The Motion for Rehearing filed by Appellant is denied. Not Participating: Ishee, J.
Kent Holifield and Laurie Holifield v. City Salvage, Inc.
Date: December 7, 2017
Citation: 2015-CT-01293-SCT
Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari is dismissed on the Court's own motion. Disagree: Randolph, P.J. Not Participating: Ishee, J. Order entered.
Dwayne Bryant v. State of Mississippi
Date: December 7, 2017
Citation: 2015-CT-01667-SCT
Dwayne Bryant'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.
Pollan v. Wartak  
Date: December 7, 2017
Citation: 2015-IA-01762-SCT
Docket Number: 2015-IA-01762-SCT

Justia Opinion Summary: Christopher Pollan filed a medical negligence action against Dr. Andrew Wartak, North Mississippi Medical Center-West Point; Angie Turnage, LPN; Chase Larmour, RN; and Ashley Thomas, LPN, claiming that the defendants’ me...

Renner v. Retzer Resources, Inc.  
Date: December 7, 2017
Citation: 2016-CA-01255-SCT
Docket Number: 2016-CA-01255-SCT

Justia Opinion Summary: This case arose from a trip-and-fall at a McDonald's in Winona, Mississippi: seventy-six-year-old John Renner, his wife, and two other family members stopped at a McDonald’s in Winona around 9:30 a.m. After he received h...

Gulfport Partners V, L.P., Gulfport Partners VI, L.P., Gulfport Partners VII, L.P., Gulfport Partners VIII, L.P., and Gulfport Partners IX, L.P. v. Harrison County Board of Supervisors and Tal Flurry, Tax Assessor for Harrison County, Mississippi
Date: December 7, 2017
Citation: 2016-CT-00062-SCT
The Petition for Writ of Certiorari filed by Appellees, the Harrison County Board of Supervisors and Tal Flurry, Tax Assessor for Harrison County, Mississippi, 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.
Bellemont Gardens, L.P., and Biloxi Gates, L.P. v. Harrison County Board of Supervisors and Tal Flurry, Tax Assessor for Harrison County, Mississippi
Date: December 7, 2017
Citation: 2016-CT-00087-SCT
The Petition for Writ of Certiorari filed by Appellees, the Harrison County Board of Supervisors and Tal Flurry, Tax Assessor for Harrison County, Mississippi, 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.
D'Iberville Partners, L.P., Woolmarket Partners, L.P., and Woolmarket Partners II, L.P. v. Harrison County Board of Supervisors and Tal Flurry, Tax Assessor for Harrison County, Mississippi
Date: December 7, 2017
Citation: 2016-CT-00090-SCT
The Petition for Writ of Certiorari filed by Appellees, the Harrison County Board of Supervisors and Tal Flurry, Tax Assessor for Harrison County, Mississippi, 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.
D'Iberville Partners, L.P., Woolmarket Partners, L.P., and Woolmarket Partners II, L.P. v. Harrison County Board of Supervisors and Tal Flurry, Tax Assessor for Harrison County, Mississippi
Date: December 7, 2017
Citation: 2016-CT-00091-SCT
The Petition for Writ of Certiorari filed by Appellees, the Harrison County Board of Supervisors and Tal Flurry, Tax Assessor for Harrison County, Mississippi, 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.
Aleshia Dietz v. South Mississippi Regional Center and Mississippi State Agencies Workers' Compensation Trust
Date: December 7, 2017
Citation: 2016-CT-00396-COA
The Petition for Writ of Certiorari filed by Appellees 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 11/29/17.
Johnson v. Mississippi  
Date: December 7, 2017
Citation: 2016-KA-01020-SCT
Docket Number: 2016-KA-01020-SCT

Justia Opinion Summary: A jury convicted Xavier Collins Johnson of: (1) burglary of a dwelling; (2) aggravated assault; and (3) conspiracy to commit credit-card fraud. The trial judge sentenced Johnson as a habitual offender under Mississippi C...

Brown v. Mississippi  
Date: December 7, 2017
Citation: 2016-KA-01333-SCT
Docket Number: 2016-KA-01333-SCT

Justia Opinion Summary: Maurice Brown entered the home of Mattie Moore, the neighborhood “candy lady,” who sold candy, chips, soda, cigarettes, and other knick-knacks. Mattie Moore’s granddaughter, Cheramie Moore, lived with her grandmother, a...

Cope v. Thrasher Construction, Inc.  
Date: November 30, 2017
Citation: 2014-CT-01474-SCT
Docket Number: 2014-CT-01474-SCT

Justia Opinion Summary: Thrasher Construction, Inc. (Thrasher) brought a third-party beneficiary action against Bruce Cope, Mary Cope, and Ike Thrash (the Copes and Thrash). Thrasher sought damages for payments owed for waterproofing the Inn by...

Mitchell v. Moore  
Date: November 30, 2017
Citation: 2015-CA-01651-SCT
Docket Numbers: 2016-CA-00177-SCT, 2015-CA-01651-SCT

Justia Opinion Summary: This appeal stemmed from a January 2016 order by the Lincoln County Chancery Court adjudicating minor Kevin Moore the heir of Travis Lynn Weems, who died in an automobile accident in July 2014. Dauwanna Mitchell, Weems’s...

Stanley Lee Bradley a/k/a Stanley Bradley v. State of Mississippi
Date: November 30, 2017
Citation: 2015-CT-01234-SCT
The Petition for Writ of Certiorari filed by Stanley Lee Bradley 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.
Marcus H. Harris a/k/a Marcus Herbert Harris a/k/a Marcus Harris v. State of Mississippi
Date: November 30, 2017
Citation: 2015-CT-01244-SCT
The Appellant's motion for extension of time to file the Petition for Writ of Certiorari is granted. The Petition for Writ of Certiorari filed by the Appellant 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.
Dhealthcare Consultants, Inc. v. Jefferson County Hospital
Date: November 30, 2017
Citation: 2015-CT-01440-SCT
The Petition for Writ of Certiorari filed by Dhealthcare Consultants, Inc., 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.
Paul Berlin and Janice Berlin v. Livingston Property Owners Association, Inc., A Mississippi Non-Profit Corporation
Date: November 30, 2017
Citation: 2015-CT-01512-SCT
The Petition for Writ of Certiorari filed by Paul and Janice Berlin 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.
Derrick Dortch v. State of Mississippi
Date: November 30, 2017
Citation: 2015-CT-01650-SCT
The Petition for Writ of Certiorari filed by Appellant 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.
Bettye Logan v. Klaussner Furniture Corporation d/b/a Bruce Furniture Industries and American Casualty Company of Reading, PA
Date: November 30, 2017
Citation: 2015-CT-01760-SCT
The Petition for Writ of Certiorari filed by the Appellees, Klaussner Furniture Corporation d/b/a Bruce Furniture Industries and American Casualty Company of Reading, PA, 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.
In the Interest of L.B.C. v. Forrest County Youth Court  
Date: November 30, 2017
Citation: 2016-CA-01672-SCT
Docket Number: 2016-CA-01672-SCT

Justia Opinion Summary: L.B.C. appeals the Forrest County Youth Court’s requirement that he register as a sex offender. In 2015, L.B.C. sexually battered two six-year-old girls. L.B.C. admitted to sexually penetrating the two victims with his f...

Melvin Hare v. State of Mississippi
Date: November 30, 2017
Citation: 2016-CT-00046-SCT
The Petition for Writ of Certiorari filed by Melvin Hare 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.
Wesley v. Washington Cty. Democratic Exec. Committee  
Date: November 30, 2017
Citation: 2016-EC-00675-SCT
Docket Number: 2016-EC-00675-SCT

Justia Opinion Summary: Appellant Troy Wesley lost the Democratic primary election for Mississippi’s Washington County District 3 Supervisor on August 4, 2015. He subsequently petitioned the circuit court to request a new election, alleging tha...

Ragland v. Mississippi  
Date: November 30, 2017
Citation: 2016-KA-01088-SCT
Docket Number: 2016-KA-01088-SCT

Justia Opinion Summary: A jury found Mario Ragland guilty of armed robbery and conspiracy to commit armed robbery. Ragland appealed his convictions, claiming: (1) there was insufficient evidence to support either conviction; (2) the jury verdic...

Amos v. Mississippi  
Date: November 30, 2017
Citation: 2016-KA-01252-SCT
Docket Number: 2016-KA-01252-SCT

Justia Opinion Summary: Samuel Amos was convicted by jury of murder following the shooting death of Marquai Kirkland. Amos was sentenced as a habitual offender to life without the possibility of parole. On appeal, Amos raised two issues: (1) th...

Minor v. Mississippi  
Date: November 30, 2017
Citation: 2016-KA-01311-SCT
Docket Number: 2016-KA-01311-SCT

Justia Opinion Summary: Eddie Minor was convicted of armed robbery and sentenced to serve a term of thirty-five years in the custody of the Mississippi Department of Corrections (MDOC). In 2014, sixteen-year-old Jessie Elbert Taylor Jr. was fat...

Young v. Mississippi  
Date: November 30, 2017
Citation: 2016-KA-01472-SCT
Docket Number: 2016-KA-01472-SCT

Justia Opinion Summary: Following a jury trial, Edward Young was convicted of murder relating to the shooting death of Travis Anderson. Young, through appellate counsel, appealed his conviction, claiming the trial court erred in denying his mot...

Alberto Julio Garcia v. State of Mississippi
Date: November 30, 2017
Citation: 2017-DP-00504-SCT
Alberto Julio Garcia's Rule 12 Request to Have Original Records in Possession of the Circuit Clerk of Harrison County Transmitted to this Court is granted. All Justices Agree. Order entered 11/17/17.
In Re: James W. Johnson, Jr., M.D., Keystone Medical Services of MS, Inc. a/k/a Keystone Medical Services of MS., P.A., Keystone Healthcare, Inc. d/b/a Keystone Healthcare Management
Date: November 30, 2017
Citation: 2017-M-00507
The Petition for Decision on the Motion to Recuse and/or to Change Venue is granted in part and denied in part. AGREE WITH THIS ORDER: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. RECUSED: Kitchens, P.J.
James W. Johnson, Jr., M.D., Keystone Medical Services of MS, Inc. a/k/a Keystone Medical Services of MS, P.A., Keystone Healthcare, Inc. d/b/a Keystone Healthcare Management v. William H. "Skip" Smith, Jr., Individually, and on Behalf of the Wrongful Death Beneficiaries of Carolyn Smith, Deceased, and the Estate of Carolyn Smith, Deceased
Date: November 30, 2017
Citation: 2017-M-00851-SCT
The Combined Petition and Brief for Interlocutory Appeal by Permission, Petition to Consolidate Appeal with 2017-M-507, and Petition for Continued Stay of Proceedings During Appeal is dismissed as moot. AGREE WITH THIS ORDER: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. RECUSED: Kitchens, P.J. Order entered 11/16/17.
In Re: Justice Court Rules
Date: November 30, 2017
Citation: 89-R-99024-SCT
The Motion for Amendment to the Uniform Rules of Procedure for Justice Court to Provide for a Model Form for Summonses and Proofs of Service and to Require Service of the Affidavit, filed by Van Che, by and through counsel, the Mississippi Center for Legal Services Corp. and Jeremy Eisler is denied. All Justices Agree. Order entered. </ul><br><hr>
Mississippi Department of Audit v. Gulf Publishing Company, Inc.  
Date: November 16, 2017
Citation: 2013-CT-02002-SCT
Docket Number: 2013-CT-02002-SCT

Justia Opinion Summary: The Court of Appeals reversed and rendered a final judgment entered by the Harrison County Chancery Court, in which the chancery court held that: (1) Gulf Publishing’s (GP) records request under the Mississippi Public Re...

Laveal McGhee a/k/a LeVeal McGee a/k/a Levell Magee a/k/a Leaveal McGee a/k/a Lavell Magee v. State of Mississippi
Date: November 16, 2017
Citation: 2014-CT-00130-SCT
Laveal McGhee's Bill of Review is granted. The Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.
Ladell Maggett, Jr., Jerry Stewart a/k/a Jerry Undre Stewart and Kelvin Taylor a/k/a Kevin Taylor v. State of Mississippi
Date: November 16, 2017
Citation: 2015-CT-00215-SCT
The Petition for Writ of Certiorari filed by Jeffrey Undre Stewart is hereby denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Jimi Mosely, Individually and as a Personal Representative of the Estate and Heirs-at-Law and/or Wrongful Death Beneficiaries of Gerboria Mayfield, Deceased v. Baptist Memorial Hospital-Golden Triangle, Inc., Brandy Adams-Hall, R.N. and Jennifer Gilliam, R.N.
Date: November 16, 2017
Citation: 2015-CT-01380-SCT
The Petition for Writ of Certiorari filed by counsel for Jimi Mosely 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.
Jimi Mosely, Individually and as Proposed Guardian of the Estate of Gerboria Mayfield, and on Behalf of the Heirs and Wrongful Death Beneficiaries of Gerboria Monique Mayfield, Deceased v. Gregory W. Childrey, M.D.
Date: November 16, 2017
Citation: 2015-CT-01517-SCT
The Petition for Writ of Certiorari filed by counsel for Jimi Mosely 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.
Brian Korelitz v. Ruth'e Korelitz
Date: November 16, 2017
Citation: 2015-CT-01758-SCT
Brian Korelitz's Petition for Writ of Certiorari 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.
Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo a/k/a Louis Clay, Jr. a/k/a Lewis Clay a/k/a Louis James Clay, Jr. v. State of Mississippi
Date: November 16, 2017
Citation: 2015-CT-01843-SCT
The Petition for Writ of Certiorari filed by Louis J. Clay, Jr., 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.
Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo a/k/a Louis Clay, Jr. a/k/a Lewis Clay a/k/a Louis James Clay, Jr. v. State of Mississippi
Date: November 16, 2017
Citation: 2016-CT-00020-SCT
The Petition for Writ of Certiorari filed by Louis J. Clay, Jr., 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.
Susan Harris v. Thomas L. Harris
Date: November 16, 2017
Citation: 2016-CT-00532-SCT
Petition for Writ of Certiorari filed by Susan Harris is granted. To Grant: Waller, C.J., Randolph, P.J., King and Chamberlin, JJ. To Deny: Kitchens, P.J., Coleman, Maxwell and Beam, JJ. Not Participating: Ishee, J. Order entered.
Richard Coll v. Wal-Mart Stores East, L.P.
Date: November 16, 2017
Citation: 2016-CT-00702-SCT
Appellant, Richard Coll'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.
Joe Reel v. Sanford Warren
Date: November 16, 2017
Citation: 2016-CT-00745-SCT
Joe Reel'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.
Bryant v. Dickerson  
Date: November 16, 2017
Citation: 2016-EC-00416-SCT
Docket Number: 2016-EC-00416-SCT

Justia Opinion Summary: Following a narrow loss to Gloria Dickerson in the Sunflower County Board of Supervisor’s Democratic Primary election, Barry Bryant filed a Petition to Contest Qualifications of Gloria Dickerson as Nominee for Supervisor...

Woodland Village Nursing Center, LLC v. Cheryl A. Holman, Alvin V. Skinner, Jr. and Tammy L. James, Individually and as the Executrix of the Estate of Alvin Skinner, Sr.
Date: November 16, 2017
Citation: 2017-M-00204-SCT
The petition for interlocutory appeal was properly denied by order of a panel of this Court on July 27, 2017. Therefore, the motion to reconsider that order is denied. All Justices Agree. Order entered.
In Re: Advisory Committee on Rules
Date: November 16, 2017
Citation: 89-R-99016-SCT
Order authorizing and directing the disbursement of $43,050.00 from the Court's Judicial System Operation Fund to the Mississippi Supreme Court Advisory Committee on Rules for its necessary work through September 30, 2018. Order entered 11/07/17.</ul><br><hr>
Deveaux Carter v. Allen Davis
Date: November 9, 2017
Citation: 2015-CT-00173-SCT
Deveaux Carter's Petition for Writ of Certiorari is granted. TO GRANT: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, and Beam, JJ. TO DENY: Coleman and Chamberlin, JJ. NOT PARTICIPATING: Ishee, J. Order entered 11/02/17.
Peggy Thomas v. Dr. James Purdy
Date: November 9, 2017
Citation: 2015-CT-00701-SCT
The Applellant'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.
Darby v. Combs  
Date: November 9, 2017
Citation: 2015-CT-00793-SCT
Docket Number: 2015-CT-00793-SCT

Justia Opinion Summary: In this custody case, the chancellor found the natural parents unfit to retain custody of their young daughter. After considering the child’s best interest and conducting an "Albright" analysis, the chancellor awarded jo...

Joshua Howard a/k/a Joshua L. Howard v. State of Mississippi
Date: November 9, 2017
Citation: 2015-CT-01496-SCT
The Petition for Certiorari filed by Joshua Howard is denied. TO DENY: Waller, C.J., Randolph, P.J., King, Maxwell, Beam, and Chamberlin, JJ. TO GRANT: Kitchens, P.J., and Coleman, J. NOT PARTICIPATING: Ishee, J. Order entered.
David Samuel-Ramos Feliciano a/k/a David Feliciano a/k/a David Samuel Feliciano v. State of Mississippi
Date: November 9, 2017
Citation: 2015-CT-01609-SCT
The Petition for Writ of Certiorari filed by David Samuel-Ramos Feliciano 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.
Blakeney v. Mississippi  
Date: November 9, 2017
Citation: 2015-DP-00058-SCT
Docket Number: 2015-DP-00058-SCT

Justia Opinion Summary: Justin Blakeney was convicted of capital murder and sentenced to death after a trial in Jones County before Greene County jurors. On August 10, 2010, twenty-six-year-old Justin Barrett Blakeney called 911, stating that t...

Cameron Travelstead a/k/a Cameron Ray Travelstead a/k/a Cam Travelstead v. State of Mississippi
Date: November 9, 2017
Citation: 2016-CT-00013-SCT
The Petition for Writ of Certiorari filed by Cameron Travelstead 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.
Dung Thank Tran a/k/a Julio Tran a/k/a Dung Tran a/k/a Dung T. Tran a/k/a Dung Thanh Tran v. State of Mississippi
Date: November 9, 2017
Citation: 2016-CT-00719-SCT
The Petition for Writ of Certiorari filed by Dung Thank Tran 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.
Smith v. Mississippi Dept. of Mental Health  
Date: November 9, 2017
Citation: 2016-SA-00987-SCT
Docket Number: 2016-SA-00987-SCT

Justia Opinion Summary: Dr. Ralph Smith Jr. was arrested and indicted in a murder-for-hire plot in 2012. He was eventually committed to the Mississippi State Hospital at Whitfield, where he had been treated for mental illness. Soon after his ar...

Flowers v. Mississippi  
Date: November 2, 2017
Citation: 2010-DP-01348-SCT
Docket Number: 2010-DP-01348-SCT

Justia Opinion Summary: Curtis Flowers was indicted on four counts of capital murder with the underlying felony of armed robbery, stemming from the 1996 murders of four employees of Tardy Furniture Store in Winona, Mississippi. After six trials...

Theodosius M. Torrey a/k/a Theodosius Maurice Torrey a/k/a T.M. Torrey a/k/a "LoCo" a/k/a Theodosius M. Torrey, Sr. a/k/a Maurice Torrey a/k/a Theododius Maurice Torrey v. State of Mississippi
Date: November 2, 2017
Citation: 2014-CT-00978-SCT
The Petition for Writ of Certiorari filed by Theodosius M. Torrey 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.
Jeffrey Lance Hill a/k/a Jeffrey L. Hill a/k/a Jeff Hill a/k/a Jeffrey Hill a/k/a Jeffrey Scott Hill v. State of Mississippi
Date: November 2, 2017
Citation: 2015-CT-00918-SCT
Jeffrey Hill's Notice of Appeal, which is in the nature of a 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.
Annie Y. Griffin and Frederick Griffin v. ABN AMRO Mortgage Group, Inc., Its Affiliates, Heirs, and Assigns, Morris & Associates, Emily K. Courteau, Individually and in Her Capacity as Substituted Trustee on the Deed of Trust, and CitiMortgage Inc., as Successor in Interest to ABN
Date: November 2, 2017
Citation: 2015-CT-01237-SCT
The Writ of Certiorari filed by Annie Y. Griffin and Frederick Griffin, 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.
Graceland Care Center of New Albany, LLC v. Hamlet  
Date: November 2, 2017
Citation: 2015-IA-01829-SCT
Docket Number: 2015-IA-01829-SCT

Justia Opinion Summary: Teresa Hamlet filed a motion for an extension of time to serve process, prior to the expiration of the 120-day deadline provided by Mississippi Rule of Civil Procedure 4(h). The trial judge granted the motion and signed...

In the Matter of the Estate of C.W. White, Deceased: Anita White, Individually and as Executrix of the Estate of C.W. White v. Charles Tommy White
Date: November 2, 2017
Citation: 2016-CA-00544-SCT
The Motion for Rehearing filed by Anita White is denied.
Howarth v. M & H Ventures, LLC  
Date: November 2, 2017
Citation: 2016-CA-00742-SCT
Docket Number: 2016-CA-00742-SCT

Justia Opinion Summary: Richard Howarth, Jr. died in an airplane crash in 2012. Howarth was piloting the plane, which was the property of M&H Ventures, LLC. Howarth was also the sole member of the M&H. In 2013, Howarth’s widow, Cyndy, as execut...

Bridget Warren Holman v. David Scott Holman
Date: November 2, 2017
Citation: 2016-CT-00313-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. Ishee, J., Not Participating. Order entered.
In Re: Code of Judicial Conduct
Date: November 2, 2017
Citation: 89-R-99013-SCT
Miller v. Smith  
Date: October 26, 2017
Citation: 2015-CT-00330-SCT
Docket Number: 2015-CT-00330-SCT

Justia Opinion Summary: Dale Miller and Jessica Smith agreed to an irreconcilable-differences divorce, leaving for the Chancery Court to decide custody, care, and visitation of their two children, Smitty and Morgan. As to Smitty, the chancellor...

Craig D. Sallie a/k/a Craig D. Sallie, Sr. a/k/a Craig Sallie v. State of Mississippi
Date: October 26, 2017
Citation: 2015-CT-00819-SCT
Craig D. Sallie's Petition for Certiorari is granted. To Grant: Waller, C.J., Kitchens, P.J., King and Beam, JJ. To Deny: Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ. Ishee, J., Not Participating. Order entered.
Kevin McKeown v. Elizabeth Allison Estes
Date: October 26, 2017
Citation: 2015-CT-01456-SCT
Kevin McKeown'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.
In Re: The Estate of Norair Avakian, Deceased: Burnette Avakian, Executrix v. Wilmington Trust National Association, as Successor Trustee to Citibank, N.A., as Trustee for Bear Stearns Asset Backed Securities Trust 2007-2, Asset-Backed Certificates, Series 2007-2 and JP Morgan Chase Bank, N.A.
Date: October 26, 2017
Citation: 2015-CT-01520-SCT
The Petition for Writ of Certiorari filed by Burnette Avakian 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.
Great Southern Excavators, Inc., Great Southern Shell, Inc., Christopher E. Lovelace and Edward C. Lovelace, Jr. v. TEC Partners, LLP and Jeffrey A. Turnipseed
Date: October 26, 2017
Citation: 2015-CT-01570-SCT
The Petition for a Writ of Certiorari filed by the Appellees, TEC Partners, LLP, and Jeffrey A. Turnipseed 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.
Steven A. DeLoge v. DeSoto County Sheriff's Department, Sheriff Bill Rasco, In His Official Capacity, and Lent Rice, Director of Internal Affairs, In His Official Capacity
Date: October 26, 2017
Citation: 2015-CT-01590-SCT
The Petition for Writ of Certiorari filed pro se by Steven A. DeLoge 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.
Marilyn Newsome, Individually and as Conservator/Conservatrix of Victoria Newsome v. David Shoemake and Joe Dale Walker
Date: October 26, 2017
Citation: 2016-CA-00280-SCT
The Motion for Rehearing filed by Appellant is denied. Beam, J., Not Participating.
Pedigo v. Rent-A-Center, Inc.  
Date: October 26, 2017
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. P...

Darnell v. Darnell  
Date: October 26, 2017
Citation: 2016-CA-01573-SCT
Docket Numbers: 2015-CA-00764-SCT, 2016-CA-01573-SCT

Justia Opinion Summary: Carla and William “Duff” Darnell were married in November 2004; had a child, C.D., in 2006; and separated in September 2010. Carla filed for divorce, and after a three-day trial, the chancellor awarded physical custody t...

Terrance Montreal Jenkins a/k/a Terrence Jenkins a/k/a Terrance Jenkins a/k/a T-Bisket v. State of Mississippi
Date: October 26, 2017
Citation: 2016-CT-00206-SCT
The Petition for Writ of Certiorari filed by Terrance Jenkins 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.
Jairus Collins a/k/a Jairus J. Collins a/k/a Jairus Jidon Collins a/k/a Jarius Collins a/k/a Jarius J. Collins v. State of Mississippi
Date: October 26, 2017
Citation: 2016-CT-00422-SCT
Jairus Collins's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell and Chamberlin, JJ. To Grant: King, Coleman and Beam, JJ. Not Participating: Kitchens, P.J., and Ishee, J. Order entered.
Terrance O. Johnson a/k/a Terrance Orlando Johnson a/k/a Terrance Johnson a/k/a Terrence O. Johnson a/k/a Terrence Orlando Johnson v. State of Mississippi
Date: October 26, 2017
Citation: 2016-CT-00751-SCT
The Petition for Writ of Certiorari filed by Appellant, Terrance Johnson, 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.
Sherwood Brown v. State of Mississippi
Date: October 26, 2017
Citation: 2017-DR-00206-SCT
The Motion Pursuant to 99-39-7 of the Mississippi Uniform Post-Conviction Collateral Relief Act to Vacate his Convictions based on Exculpatory DNA Testing Results and False Forensic Testimony filed by Sherwood Brown is granted. The convictions and sentences in Sherwood Brown v. State of Mississippi, No. 95-DP-00407-SCT, are hereby reversed, and the case at issue here and in the direct appeal styled Sherwood Brown v. State of Mississippi, No. 95-DP-00407-SCT, is remanded to the Circuit Court of DeSoto County for a new trial. To Grant Motion, Vacate Convictions, and Remand for a New Trial: Waller, C.J., Kitchens, P.J., King, Coleman and Ishee, JJ. To Grant Motion and Remand for Evidentiary Hearing: Randolph, P.J., Maxwell and Beam, JJ. Not Participating: Chamberlin, J. Order entered.
Willie Jerome Manning a/k/a Fly v. State of Mississippi
Date: October 19, 2017
Citation: 2013-DR-00491-SCT
The Motion for Approval of Attorney Fees and Expenses is granted. To Grant: All Justices. Order entered.
Springer v. Ausbern Construction Co., Inc.  
Date: October 19, 2017
Citation: 2014-CT-01190-SCT
Docket Number: 2014-CT-01190-SCT

Justia Opinion Summary: A jury awarded Ausbern Construction Company, Inc. (Ausbern) a verdict of $182,500 against Chickasaw County Engineer Edward Springer in his individual capacity for tortious interference with a road-construction contract....

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi
Date: October 19, 2017
Citation: 2014-DR-01689-SCT
Caleb Corrothers's pro se Motion for Effective Assistance of Counsel is remanded to the trial court. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam and Chamberlin, JJ. Disagree: Coleman, J. Ishee, J., not participating. Order entered.
Hyundai Motor America and Hyundai Motor Company v. Joyce D. Hutton and Derek Bell
Date: October 19, 2017
Citation: 2015-CA-01013-SCT
On the Court's own motion, this appeal is stayed pending further order of this Court. Join: Waller, C.J., Randolph, P.J., Coleman, Beam and Ishee, JJ. Do Not Join: Kitchens, P.J., and King, J. Not Participating: Maxwell and Chamberlin, JJ. Randolph, P.J., for the Court. Order entered.
Clarksdale Municipal School District et al. v. Mississippi  
Date: October 19, 2017
Citation: 2015-CA-01227-SCT
Docket Number: 2015-CA-01227-SCT

Justia Opinion Summary: Twenty-one public school districts claimed the Mississippi Legislature’s appropriations for public education during fiscal years 2010-2015 were statutorily inadequate. The districts contended Mississippi Code Section 37-...

Johnson & Johnson, Inc. v. Fortenberry  
Date: October 19, 2017
Citation: 2015-CA-01369-SCT
Docket Number: 2015-CA-01369-SCT

Justia Opinion Summary: This products liability lawsuit centered on Risperdal. Louise Taylor began suffering psychotic episodes when she was seventy-one years old, in early 1998. From March 1998 to January 2001, Psychiatrist Richard Rhoden pres...

Adofo Minka v. State of Mississippi
Date: October 19, 2017
Citation: 2015-CA-01741-SCT
Appellant's Motion for Rehearing is denied. Ishee, J., not participating.
Pitchford v. Mississippi  
Date: October 19, 2017
Citation: 2015-CA-01818-SCT
Docket Number: 2015-CA-01818-SCT

Justia Opinion Summary: Terry Pitchford was convicted of capital murder in February 2006 and sentenced to death. The Mississippi Supreme Court affirmed his conviction and sentence on direct appeal. Pitchford thereafter filed a motion for leave...

Mississippi Department of Wildlife, Fisheries, and Parks v. Candace Webb, Thomas Harper, and Kathleen D. Webb
Date: October 19, 2017
Citation: 2015-CT-00578-SCT
Candace Webb's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Randolph and Kitchens, P.JJ., and King, J. To Deny: Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Paige Electric Company v. Davis & Feder, P.A.
Date: October 19, 2017
Citation: 2015-CT-01658-SCT
Appellant's Petition for Writ of Certiorari is denied. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Ishee, J., Not Participating. Order entered.
Martin v. Mississippi  
Date: October 19, 2017
Citation: 2015-KA-00772-SCT
Docket Number: 2015-KA-00772-SCT

Justia Opinion Summary: Kendall Martin was convicted of possession of more than one kilogram of marijuana with intent to distribute. He was sentenced as a subsequent drug offender and as a nonviolent habitual offender to sixty years in the cust...

Perkins v. McAdams  
Date: October 19, 2017
Citation: 2016-EC-00407-SCT
Docket Number: 2016-EC-00407-SCT

Justia Opinion Summary: Sheriel Perkins lost the 2013 Greenwood mayoral race by 206 votes. She filed an election contest against the winner, Mayor Carolyn McAdams. In her complaint, Perkins alleged illegal voting and fraud. But at trial, the on...

Alberto Julio Garcia v. State of Mississippi
Date: October 19, 2017
Citation: 2017-DP-00504-SCT
Alberto Julio Garcia's Motion for Copies of Sealed Document in the Record on Appeal is granted. The Clerk of this Court shall unseal the envelopes temporarily, upon counsel's request provide copies of records and exhibits inside the sealed envelopes, if counsel requests and reseal the envelopes until further order of this Court or any other court of competent jurisdiction. All sealed information shall remain confidential. If any party seeks to disclose information contained in any sealed record or exhibit, then the party must file that portion of the brief under seal. Likewise, if any party seeks to include a sealed record or exhibit as a record excerpt, then the party must file the record excerpt under seal. All Justices Agree. Order entered.
In Re: Hinds County, Mississippi Board of Supervisors a/k/a Hinds County Board of Supervisors
Date: October 19, 2017
Citation: 2017-M-00707
The Hinds County Board of Supervisors' Petition for Extraordinary Writ is dismissed for lack of standing. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Ishee, J., Not Participating. Order entered.
Little v. Mississippi  
Date: October 12, 2017
Citation: 2014-CT-01505-SCT
Docket Number: 2014-CT-01505-SCT

Justia Opinion Summary: Sitting as “thirteenth juror,” the Court of Appeals reversed Marlon Little’s convictions and remanded for a new trial, finding the weight of the evidence preponderated heavily against the verdict. Despite its prior langu...

Beth Donaldson, Colie Donaldson and Coby Donaldson v. Dominic Ovella
Date: October 12, 2017
Citation: 2014-CT-01509-SCT
Dominic Ovella'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.
H.A.S. Electrical Contractors, Inc. v. Hemphill Construction Company, Inc.  
Date: October 12, 2017
Citation: 2015-CA-00596-SCT
Docket Number: 2015-CA-00596-SCT

Justia Opinion Summary: After remand, the trial court ruled that H.A.S. Electrical Contractors, Inc. (HAS) failed to meet its burden of proving purposeful discrimination. Hemphill Construction Company was the general contractor on a project in...

Carver v. Mississippi  
Date: October 12, 2017
Citation: 2015-CT-00384-SCT
Docket Number: 2015-CT-00384-SCT

Justia Opinion Summary: Marvin Carver was the passenger in a vehicle not owned by him in which marijuana was found in the rear of the trunk. Although Nicholas Ingram, Carver’s half-brother who had been driving the vehicle, took full ownership o...

Winfred Forkner v. State of Mississippi
Date: October 12, 2017
Citation: 2015-CT-01142-SCT
The Motion to Clarify filed by Winfred Forkner is denied. Ishee, J., Not Participating. Order entered.
Continental Casualty Company v. Allstate Property and Casualty Insurance Company
Date: October 12, 2017
Citation: 2016-CA-00359-SCT
The Motion for Rehearing filed by the Appellee is denied. Randolph, P.J., Maxwell and Chamberlin, JJ., would grant. Ishee, J., not participating.
Willie Wash v. Mississippi Department of Corrections
Date: October 12, 2017
Citation: 2016-TS-01149
The appeal is dismissed for failure to pay costs. The Motion for Default Judgment is denied. The Motion for Permission to Proceed out of Time is dismissed as moot. The Motion to Proceed on Appeal In Forma Pauperis is denied. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell and Beam, JJ. Not Participating: Chamberlin and Ishee, JJ. Order entered.
Stephen Elliot Powers v. State of Mississippi
Date: October 12, 2017
Citation: 2017-DR-00696-SCT
Stephen Elliot Powers's Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is dismissed without prejudice to Powers's right to seek relief in the trial court. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.
Long v. Vitkauskas  
Date: October 5, 2017
Citation: 2015-CT-00527-SCT
Docket Number: 2015-CT-00527-SCT

Justia Opinion Summary: In 2014, Douglas Michael Long Jr. filed suit against Pennsylvania resident David Vitkauskas for alienation of affections. Vitkauskas entered a special appearance and then filed a motion to dismiss for, inter alia, insuff...

Whitney Bank v. Triangle Construction Company, Inc.  
Date: October 5, 2017
Citation: 2016-CA-00728-SCT
Docket Number: 2016-CA-00728-SCT

Justia Opinion Summary: A property owner defaulted on his obligations, and the construction lender foreclosed the property at issue in this appeal. The general contractor had a materialman’s lien on the property. At the foreclosure sale, the pu...

Estate of Russell Puckett v. Clement  
Date: October 5, 2017
Citation: 2016-IA-00636-SCT
Docket Number: 2016-IA-00636-SCT

Justia Opinion Summary: An 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 the...

Wells v. Mississippi  
Date: October 5, 2017
Citation: 2016-KA-00959-SCT
Docket Number: 2016-KA-00959-SCT

Justia Opinion Summary: In 2015, William Wells shot and killed Kendrick Brown on the steps of the Madison County Mississippi Courthouse. He was convicted by jury of first-degree murder. On appeal, Wells argued: (1) the trial court violated his...

City of Port Gibson v. Mississippi Public Service Commission
Date: October 5, 2017
Citation: 2017-M-00027
The Petitions for Mandamus filed by Port Gibson and Tchula are granted. The Mississippi Public Service Commission is in violation of the opinion and mandate issued by the Mississippi Supreme Court in City of Tchula v. Mississippi Public Service Commission, 187 So. 3d 597 (Miss. 2016). Pursuant to Mississippi Rule of Appellate Procedure 21(a), the Court orders the Commission to immediately dismiss the Formal Complaint for Enforcement of Lease Terms pending therein against the cities of Port Gibson and Tchula. The Court further orders the Commission to cease and desist any further action which it may now be undertaking that is inconsistent with or in violation of the above-described mandate. Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Agree. Ishee, J., Not Participating. Order entered.
City of Tchula, Mississippi v. Mississippi River Gas, LLC
Date: October 5, 2017
Citation: 2017-M-00236
The Petitions for Mandamus filed by Port Gibson and Tchula are granted. The Mississippi Public Service Commission is in violation of the opinion and mandate issued by the Mississippi Supreme Court in City of Tchula v. Mississippi Public Service Commission, 187 So. 3d 597 (Miss. 2016). Pursuant to Mississippi Rule of Appellate Procedure 21(a), the Court orders the Commission to immediately dismiss the Formal Complaint for Enforcement of Lease Terms pending therein against the cities of Port Gibson and Tchula. The Court further orders the Commission to cease and desist any further action which it may now be undertaking that is inconsistent with or in violation of the above-described mandate. Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Agree. Ishee, J., Not Participating. Order entered.
In Re: Rules of Discipline for the Mississippi Bar
Date: October 5, 2017
Citation: 89-R-99010-SCT
Order appointing J. Cal Mayo, Jr. as a complaint tribunal member through December 31, 2018, the balance of the term of Susan M. Guerieri (formerly Brewer), resigned. Order entered 9/28/17.</ul><br><hr>
In Re: Mississippi Rules of Appellate Procedure
Date: October 5, 2017
Citation: 89-R-99027-SCT
Mississippi Valley Silica Company, Inc. v. Dorothy Barnett, Individually and as Wrongful Death Beneficiary of Howard Barnett, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Howard Barnett, Deceased
Date: September 28, 2017
Citation: 2013-CT-01296-SCT
The Petition for Writ of Certiorari filed by counsel for Mississippi Valley Silica Company, Inc., was granted by order of this Court entered on May 18, 2017. 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, pursuant to Rule 17(f) of the Mississippi Rules of Appellate Procedure, the writ of certiorari is dismissed. Disagrees: Coleman, J. Not Participating: Ishee, J. Kitchens, P.J., for the Court. Order entered.
Timothy Nelson Evans a/k/a Timothy N. Evans a/k/a Timothy Evans a/k/a Tim Evans v. State of Mississippi
Date: September 28, 2017
Citation: 2013-DP-01877-SCT
The Motion for Rehearing filed by the Appellant is denied. Kitchens, P.J., and King, J., would grant. Ishee, J., not participating.
Kenny Stewart a/k/a Kenny Cordell Stewart v. State of Mississippi
Date: September 28, 2017
Citation: 2014-CT-01520-SCT
The Petition for Writ of Certiorari filed by Kenny Stewart 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.
Dennis Thompson a/k/a Nucy a/k/a Ray Ray a/k/a Dennis Ray Thompson v. State of Mississippi
Date: September 28, 2017
Citation: 2015-CT-00623-SCT
The Petition for Writ of Certiorari filed by Dennis Thompson 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.
City of Meridian v. $104,960.00 U.S. Currency et al.  
Date: September 28, 2017
Citation: 2015-CT-00710-SCT
Docket Number: 2015-CT-00710-SCT

Justia Opinion Summary: The City of Meridian filed a petition for forfeiture against Maria Catalan after police found $104,690 in her truck during a traffic stop. Catalan filed a motion to dismiss for failure to state a claim under Rule 12(b)(6...

Randall Cooper, Jr. a/k/a Randall Cooper a/k/a Randall Carl Cooper, Jr. a/k/a Randall C. Cooper, Jr. a/k/a Randall Carl Cooper v. State of Mississippi
Date: September 28, 2017
Citation: 2015-CT-00846-SCT
The Petition for Writ of Certiorari filed by counsel for Randall Cooper, Jr., 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.
Anthony Davon Jefferson a/k/a Anthony Devon Jefferson a/k/a Anthony Jefferson a/k/a Marcus Ross a/k/a Wesley Thompson a/k/a Anthony Davis Jefferson v. State of Mississippi
Date: September 28, 2017
Citation: 2015-CT-00948-SCT
The Petition for Writ of Certiorari filed by Anthony Davon Jefferson is dismissed as untimely. To Dismiss: Waller, C.J., Kitchens, P.J., Coleman, Maxwell and Chamberlin, JJ. To Deny: Randolph, P.J., King and Beam, JJ. Not Participating: Ishee, J. Order entered.
Kent Holifield and Laurie Holifield v. City Salvage, Inc.
Date: September 28, 2017
Citation: 2015-CT-01293-SCT
The Petition for Writ of Certiorari filed by counsel for the Holifields 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.
Hathorn v. Louisville Utilities Commission  
Date: September 28, 2017
Citation: 2016-CA-01317-SCT
Docket Number: 2016-CA-01317-SCT

Justia Opinion Summary: Paula Hathorn appealed a circuit court judgment granting summary judgment in favor of the Louisville Utilities Commission (Commission). Hathorn sued the Commission along with the City of Louisville and the O’Reilly Auto...

Jeffery Kleckner a/k/a Jeffrey Kleckner v. State of Mississippi
Date: September 28, 2017
Citation: 2016-CT-00499-SCT
Jeffrey Kleckner'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.
Victoria Swanagan a/k/a Victoria P. Swanagan v. State of Mississippi
Date: September 28, 2017
Citation: 2016-KA-00289-SCT
The Motion for Rehearing filed by the Appellant is denied. Ishee, J., not participating.
Walker v. Mississippi  
Date: September 21, 2017
Citation: 2015-CT-00912-SCT
Docket Number: 2015-CT-00912-SCT

Justia Opinion Summary: After probation was revoked and he was sentenced to serve the full five years of his suspended sentence, Demario Walker filed a motion for post-conviction relief (PCR). The circuit court dismissed Walker’s petition, and...

Curtis Aaron White a/k/a Curtis White a/k/a Curtis A. White v. State of Mississippi
Date: September 21, 2017
Citation: 2015-CT-01458-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman and Chamberlin, JJ. To Grant: Randolph, P.J., Maxwell and Beam, JJ. Not Participating: Ishee, J. Order entered.
Ernest Lane, III, as Executor of the Estate of James Oldrum Smith, Jr. and Limestone Products, Inc. v. Ronald D. Lampkin
Date: September 21, 2017
Citation: 2016-CA-00941-SCT
The Motion for Rehearing filed by Appellant is denied. Not Participating: Maxwell and Ishee, JJ.
Robert J. Dever a/k/a Robert Jordan Dever a/k/a Robert Dever a/k/a Robert Denver v. State of Mississippi
Date: September 21, 2017
Citation: 2016-CT-00142-SCT
The Appeal from Denial of Appeal in Court of Appeals filed by Robert J. Dever is dismissed. Order entered.
Williams v. Mississippi  
Date: September 21, 2017
Citation: 2016-KA-00552-SCT
Docket Number: 2016-KA-00552-SCT

Justia Opinion Summary: Brandy Williams was convicted by jury of the capital murder of Sheriff Garry Welford. He was sentenced to life without the possibility of parole. On appeal, Williams argued the trial court erred by not quashing her indic...

The Mississippi Bar v. John H. Clegg
Date: September 21, 2017
Citation: 2017-BD-00319-SCT
In Re: Advisory Committee on Rules
Date: September 21, 2017
Citation: 89-R-99016-SCT
Order appointing Court of Appeals Judge Virginia C. Carlton as a member of the Advisory Committee on Rules for the balance of the term expiring December 31, 2018, of Court of Appeals Presiding Judge T. Kenneth Griffis, resigned as a member of the Advisory Committee on Rules. Order entered 9/15/17.</ul><br><hr>
Zachary Cozart a/k/a Zachery Cozart a/k/a Zack Cozar v. State of Mississippi
Date: September 14, 2017
Citation: 2014-CT-01741-SCT
The Motion for Rehearing filed by Appellant is denied. Chamberlin, J., not participating.
Dodd v. Hines  
Date: September 14, 2017
Citation: 2015-CT-00334-SCT
Docket Number: 2015-CT-00334-SCT

Justia Opinion Summary: In an effort to increase chances of conception, Lacy Dodd underwent surgery to remove ovarian cysts and, potentially, one fallopian tube. During the surgery, Lacy’s physician, Dr. Randall Hines, discovered that both of L...

Vanessa J. Jones v. City of Hattiesburg, Mississippi
Date: September 14, 2017
Citation: 2015-CT-00923-SCT
Vanessa J. Jones's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.
Robert Hedrick a/k/a Plum v. State of Mississippi
Date: September 14, 2017
Citation: 2015-CT-01568-SCT
The Petition for Writ of Certiorari filed by Robert Hedrick, pro se, is denied. To Deny: All Justices. Order entered.
Brown v. Mississippi  
Date: September 14, 2017
Citation: 2015-DR-01099-SCT
Docket Number: 2015-DR-01099-SCT

Justia Opinion Summary: Joseph Patrick Brown was convicted of capital murder and sentenced to death in 1994, and his conviction and sentence were affirmed by the Mississippi Supreme Court in 1996. Brown notified the Supreme Court of his intent...

Hatfield v. Deer Haven Homeowners Association, Inc.  
Date: September 14, 2017
Citation: 2016-CP-00820-SCT
Docket Number: 2016-CP-00820-SCT

Justia Opinion Summary: A homeowner appealed an award of attorney fees associated with a complaint filed against him for injunctive relief to enforce a neighborhood’s restrictive covenants. The Deer Haven Owners Association filed a Complaint fo...

LaMontay Marsh a/k/a LaMontay D. Marsh a/k/a LaMontay D'Shawn Marsh a/k/a Moe v. State of Mississippi
Date: September 14, 2017
Citation: 2016-CT-00072-SCT
The Petition for Writ of Certiorari filed by LaMontay Marsh is denied. To Deny: All Justices. Order entered.
Keith Leon Johnson a/k/a Keith L. Johnson a/k/a Keith Johnson v. State of Mississippi
Date: September 14, 2017
Citation: 2016-CT-00370-SCT
The Petition for Writ of Certiorari filed by Keith Leon Johnson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens and King, JJ. Order entered.
James Crittenden v. Kellogg Brown & Root, LLC and Indemnity Insurance Company of North America
Date: September 14, 2017
Citation: 2016-CT-00528-SCT
The Petition for Writ of Certiorari filed by counsel for James Crittenden is denied. To Deny: All Justices. Order entered.
Richard Gerald Jordan v. State of Mississippi
Date: September 14, 2017
Citation: 2016-DR-00960-SCT
The Motion for Rehearing and for Leave to Supplement Petition filed by Appellant is denied. Kitchens and King, JJ., would grant. Dickinson, P.J., not participating.
Johnson v. Mississippi  
Date: September 14, 2017
Citation: 2016-KA-00599-SCT
Docket Number: 2016-KA-00599-SCT

Justia Opinion Summary: Nicholas Johnson appealed his convictions of burglary and attempted armed robbery, claiming the State presented insufficient evidence to identify him as the perpetrator and that the jury found he was the perpetrator cont...

Roberts v. Mississippi  
Date: September 14, 2017
Citation: 2016-KA-00847-SCT
Docket Number: 2016-KA-00847-SCT

Justia Opinion Summary: Jafron Roberts was convicted by jury of kidnapping and statutory rape, but was acquitted him of sexual battery. The Circuit Court imposed the maximum penalty for the kidnapping conviction, thirty years, and sentenced Rob...

Karen Collins, Natural Mother and Legal Guardian of Graham Read Irby, a minor v. Pinnacle Trust Company, L.L.C.
Date: September 14, 2017
Citation: 2017-M-00594-SCT
Karen Collins's Petition for Interlocutory Appeal is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Maxwell, Beam and Chamberlin, JJ. To Grant: Coleman, J. Order entered.
In Re: Rules Governing Admission to The Mississippi Bar
Date: September 14, 2017
Citation: 89-R-99012-SCT
The Motion to Dismiss Petition filed by the Board of Bar Admissions is granted. The Petition to Amend the Rules Governing Admission to the Mississippi Bar is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>
The Pennington Group, LLC, Joe Pennington, Helen Pennington, and Pennibunkport Investments, LLC v. Priority One Bank
Date: September 7, 2017
Citation: 2015-CT-01173-SCT
The Petition for Writ of Certiorari filed by The Pennington Group, LLC, et al., is denied. To Deny: All Justices. Order entered.
Andrew Acie Adams a/k/a Andrew Adams v. State of Mississippi
Date: September 7, 2017
Citation: 2015-CT-01703-SCT
Andrew Acie Adam's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Newsome v. Shoemake  
Date: September 7, 2017
Citation: 2016-CA-00280-SCT
Docket Number: 2016-CA-00280-SCT

Justia Opinion Summary: This civil action arose out of the alleged mishandling of the Conservatorship of Victoria Newsome. Victoria Newsome’s mother and conservator, Marilyn Newsome, filed suit against former chancellor Joe Dale Walker, Chancel...

Regan v. South Central Regional Medical Center  
Date: September 7, 2017
Citation: 2016-CA-00696-SCT
Docket Number: 2016-CA-00696-SCT

Justia Opinion Summary: Shelia Regan filed her first medical-malpractice claim against South Central Regional Medical Center in 2005. Three lawsuits, two appeals, and more than ten years later, there was no trial. Her present lawsuit was reinst...

City of Columbus v. Commercial Dispatch  
Date: September 7, 2017
Citation: 2016-CC-00897-SCT
Docket Number: 2016-CC-00897-SCT

Justia Opinion Summary: The Mayor and the Columbus City Council members held four pairs of prearranged, nonsocial and subquorum gatherings over the course of two months. For each pair of gatherings, the Mayor first met with three Council member...

Boston v. Mississippi  
Date: September 7, 2017
Citation: 2016-KA-00047-SCT
Docket Number: 2016-KA-00047-SCT

Justia Opinion Summary: Kevin Boston was convicted of capital murder for the killing of Willie Dean. Boston raised five issues on appeal, one of which was raised by Boston himself in a pro se supplemental brief. In that supplemental brief, Bost...

In Re: Mississippi Rules of Appellate Procedure
Date: September 7, 2017
Citation: 89-R-99027-SCT
Copeland v. Copeland  
Date: August 31, 2017
Citation: 2015-CA-01527-SCT
Docket Number: 2015-CA-01527-SCT

Justia Opinion Summary: Amanda Copeland appealed the termination of Gary Copeland’s child-support obligation to his two minor children. After their divorce, Gary and Amanda were awarded joint legal custody of their minor children, with physical...

The Former Board of Trustees and Members of Mississippi Comp Choice Self-Insurers Fund v. Mississippi Workers' Compensation Group Self-Insurer Guaranty Association
Date: August 31, 2017
Citation: 2015-CA-01555-SCT
The Joint Motion to Dismiss Appeal is granted in part and denied in part. The parties' joint request to dismiss the appeal is granted. The parties' request for dismissal "with prejudice [of] all of Plaintiffs' causes of action against Defendant in the case below" is denied. The parties will bear their own costs. Kitchens, J., for the Court. Order entered.
T.L. Wallace Construction, Inc., Thomas Wallace and Janette Wallace v. McArthur, Thames, Slay, and Dews, PLLC
Date: August 31, 2017
Citation: 2015-CA-01596-SCT
The Motion for Rehearing is dismissed. It is further ordered this appeal is dismissed, with each party bearing its own costs, fees and expenses. Not Participating: Randolph, P.J., and Beam, J. Order entered.
Apolinar Terrero Ruiz and $56,000.00 U.S. Currency v. State of Mississippi and Harrison County Sheriff's Office
Date: August 31, 2017
Citation: 2015-CT-00342-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman and Chamberlin, JJ. To Grant: Randolph, P.J., Maxwell and Beam, JJ. Order entered.
Lee Manfredi, JKS Construction, Inc., AMS Staff Leasing and Dallas National Insurance Company v. Harrell Contracting Group, LLC, Zurich American Insurance Company, Antonio Mondragon, The Charter Oak Fire Insurance Company and Travelers Insurance Company
Date: August 31, 2017
Citation: 2015-CT-00522-SCT
Charter Oak Fire Insurance Company and Antonio Mondragon's Petition for Writ of Certiorari is denied. To Deny: Randolph, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Waller, C.J. Not Participating: Dickinson, P.J. Order entered.
Forkner v. Mississippi  
Date: August 31, 2017
Citation: 2015-CT-01142-SCT
Docket Number: 2015-CT-01142-SCT

Justia Opinion Summary: Years after his direct appeal was affirmed by the Court of Appeals, Winfred Forkner filed a motion for postconviction relief. The circuit court denied the motion as untimely. Forkner appealed, and the Court of Appeals fo...

In the Matter of the Estate of Richard L. Gardner, Deceased: Linda Gardner Callington, Andrew Gardner and Larry Ross v. Mae Otha Gardner
Date: August 31, 2017
Citation: 2015-CT-01447-SCT
The Petition for Writ of Certiorari filed by Linda Callington, Andrew Gardner, and Larry Ross is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Beam and Chamberlin, JJ. To Grant: Maxwell, J. Order entered.
Jesse Frank Mouton v. State of Mississippi
Date: August 31, 2017
Citation: 2015-KA-01062-SCT
The Motion to Allow Mouton's Trial Attorney, Michael W. Crosby, to File a Separate Petition for Rehearing & Proposed Separate Petition for Rehearing Filed by Trial Attorney, Michael W. Crosby, for Mouton is denied. Order entered.
The Mississippi Bar v. Morgan P. Shands
Date: August 31, 2017
Citation: 2016-BD-01552-SCT
The Motion Notifying Court of Defendant's Compliance filed on behalf of Morgan P. Shands is denied. Morgan P. Shands shall, within forty-five days following the entry of this order, file an affidavit with the Court stating that all of his clients have been notified of his resignation from the Mississippi Bar and consequent inability to practice law in Mississippi, and that he has fully complied with all applicable requirements set forth in Rule 11 of the Rules of Discipline for the Mississippi State Bar, as well as the requirements of this Court's June 8, 2017, order. Order entered.</ul><br><hr>
In the Matter of the Estate of C.W. White v. White  
Date: August 31, 2017
Citation: 2016-CA-00544-SCT
Docket Number: 2016-CA-00544-SCT

Justia Opinion Summary: Anita White appealed the Chancery Court of DeSoto County’s confirmation of title to certain real property located in Yalobusha County to Charles Thomas White (“Tommy”). Anita claimed the property through the residuary cl...

Scott Penn, Inc. v. Mississippi Workers' Compensation Group Self-Insurer Guaranty Association  
Date: August 31, 2017
Citation: 2016-CA-00944-SCT
Docket Number: 2016-CA-00944-SCT

Justia Opinion Summary: The Mississippi Workers’ Compensation Group Self-Insurer Guaranty Association (“Guaranty Association”) was ordered by the Mississippi Workers’ Compensation Commission (“Commission”) to assess former members of the Missis...

Philip W. Gaines v. The Mississippi Bar
Date: August 31, 2017
Citation: 2017-BR-00081-SCT
On the Court's own motion, T.K. Moffett is appointed special master to preside over an evidentiary hearing on Gaines's petition for reinstatement. Chancellor Moffett shall file with this Court a written report containing findings of fact and conclusions of law on the mentioned issues in this order and any other issues the special master finds necessary on or before December 31, 2017. The Bar shall present such evidence and witnesses as is necessary to fully develop the record regarding the referenced issues. At its discretion, in light of the directives of Rule 5 of the Rules of Discipline for the Mississippi State Bar, the Bar may procure such evidence and witnesses voluntarily or through subpoena, keeping in mind that the purpose of the hearing is to develop the record on the referenced issues more thoroughly than is contained in the current record. Philip W. Gaines may present such evidence and witnesses as is necessary to fully develop the record regarding the referenced issues. At his discretion, Philip W. Gaines may procure such evidence and witnesses voluntarily or through subpoena, keeping in mind that the purpose of the hearing is to develop the record on the referenced issues more thoroughly than is contained in the current record. Philip W. Gaines shall provide and file a transcript of the hearing in this matter to this Court on or before January 31, 2018. The Clerk of this Court shall forward a copy of this order to Chancellor Moffett and counsel to the parties in this matter. Order entered.
Alberto Julio Garcia v. State of Mississippi
Date: August 31, 2017
Citation: 2017-DR-00420-SCT
The Motion for Appointment of Post-Conviction Counsel filed by Alberto Julio Garcia is dismissed as moot. All Justices Agree. Order entered.
Claudia Joan Hill Renfro v. John Malcolm Renfro
Date: August 24, 2017
Citation: 2012-CT-00616-SCT
The Petition for Writ of Certiorari filed by Claudia Joan Hill Renfro is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Beam and Chamberlin, JJ. Not Participating: Maxwell, J. Order entered.
Ralph Arnold Smith, Jr. v. The State of Mississippi and The Office of the District Attorney for the Fourth Circuit Court District of Mississippi
Date: August 24, 2017
Citation: 2015-CA-01163-SCT
Beam, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Maxwell and Chamberlin, JJ., Concur. Coleman, J., not participating.
Ashwell v. Mississippi  
Date: August 24, 2017
Citation: 2015-CT-00023-SCT
Docket Numbers: 2015-CT-00023-SCT, 2015-CT-00626-SCT

Justia Opinion Summary: William Ashwell pleaded guilty to burglary and escape. He sought postconviction relief. The Mississippi Supreme Court found, after review of his case, that the circuit court lacked jurisdiction and authority to accept gu...

Claudia Joan Hill Renfro v. John Malcolm Renfro
Date: August 24, 2017
Citation: 2015-CT-00534-SCT
The Petition for Writ of Certiorari filed by Claudia Joan Hill Renfro is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Beam and Chamberlin, JJ. Not Participating: Maxwell, J. Order entered.
Illinois Central Railroad Company v. Bennie Oakes, Deceased, by and through Clara Hagan, His Representative
Date: August 24, 2017
Citation: 2015-CT-00644-SCT
The Petition for Writ of Certiorari filed by Appellant is granted. To Grant: Waller, C.J., Dickinson, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny: Randolph, P.J., Kitchens and King, JJ. Order entered.
Brian Williams a/k/a Bryan Williams a/k/a Brian Andrew Williams v. State of Mississippi
Date: August 24, 2017
Citation: 2015-CT-01911-SCT
The Petition for Writ of Certiorari filed pro se by Brian Williams is denied. To Deny: All Justices. Order entered.
Continental Casualty Co. v. Allstate Property & Casualty Ins. Co.  
Date: August 24, 2017
Citation: 2016-CA-00359-SCT
Docket Number: 2016-CA-00359-SCT

Justia Opinion Summary: As Greg Peters and Mike Williams were attempting to position Peters’ fishing boat on its trailer, the winch handle recoiled, struck, and seriously injured Williams. Peters, who owned the truck, the trailer, and the boat,...

Ronald David Wright a/k/a Ronald Wright a/k/a Ronald D. Wright a/k/a Robert Wright v. State of Mississippi
Date: August 24, 2017
Citation: 2016-CT-00389-SCT
The Petition for Writ of Certiorari filed by Ronald David Wright is denied. All Justices Agree. Order entered.
T & W Homes Etc, LLC v. Crotwell  
Date: August 24, 2017
Citation: 2016-IA-00605-SCT
Docket Number: 2016-IA-00605-SCT

Justia Opinion Summary: This interlocutory appeal involves an action by Lucille Crotwell’s heirs against Richard Prestage’s successors in title. In 1973, Gilbert Lum conveyed a forty-acre tract of land by warranty deed to his daughter, Lucille...

University of Mississippi Medical Center v. Oliver  
Date: August 24, 2017
Citation: 2016-IA-00892-SCT
Docket Number: 2016-IA-00892-SCT

Justia Opinion Summary: The circuit court ruled Enoch Oliver could proceed to trial with his malicious-prosecution claim against University of Mississippi Medical Center (UMMC) and two of its law-enforcement officers, Syrone McBeath and David S...

Laveal McGhee a/k/a LeVeal McGee a/k/a Levell Magee a/k/a Leaveal McGee a/k/a Lavell Magee v. State of Mississippi
Date: August 17, 2017
Citation: 2014-CT-00130-SCT
The Petition for Writ of Certiorari filed by Laveal McGhee is dismissed as untimely. Order entered.
Timothy Vivians v. Baptist HealthPlex, Becky Vrieland and Helen Wilson
Date: August 17, 2017
Citation: 2014-CT-01828-SCT
The Motion for Rehearing filed by Appellees is denied. Coleman and Maxwell, JJ., would grant.
American Optical Corporation v. Estate of Robert Lee Rankin, Sr., Jean Marie Howard Rankin, Jacquelyn Denise Rankin Anderson, and Robert Lee Rankin, Jr., Individually and on behalf of all the heirs at law of Robert Lee Rankin, Sr., Deceased
Date: August 17, 2017
Citation: 2015-CA-01066-SCT
The Motion for Rehearing filed by Appellee is denied. Kitchens and King, JJ., would grant.
Graceland Care Center of New Albany, LLC v. Hamlet  
Date: August 17, 2017
Citation: 2015-IA-01829-SCT
Docket Number: 2015-IA-01829-SCT

Justia Opinion Summary: Jimmy Kinard died in 2012. In 2014, Teresa Hamlet, Kinard’s sister, filed suit against Graceland Care Center of New Albany, LLC; Advanced Healthcare Management, Inc.; Karen Clayton, in her official capacity as administra...

Wayne County School District v. J. Ed Morgan, in his Official Capacity as the Commissioner of Revenue of the Mississippi Department of Revenue
Date: August 17, 2017
Citation: 2015-SA-01363-SCT
The Motion for Enlargement of Time within which to file Motion for Rehearing and Response to MS Department of Revenue Motion To Dismiss Motion for Rehearing as filed out of time is granted. Waller, C.J., not participating. Order entered.
Mississippi Comm'n on Judicial Performance v. Sheffield  
Date: August 17, 2017
Citation: 2016-JP-01513-SCT
Docket Number: 2016-JP-01513-SCT

Justia Opinion Summary: In 1996, James Harper was to appear before Judge John H. Sheffield at the Lee County Justice Court on charges of driving under the influence and having an expired inspection sticker. But Harper failed to appear, and Judg...

In Re: Rules of Discipline for the Mississippi Bar
Date: August 17, 2017
Citation: 89-R-99010-SCT
Pursuant to Rule 3 of the Rules of Discipline of the Mississippi Bar, the en banc Court appoints or reappoints the following six persons to three-year terms as members of the complaint tribunals effective September 1, 2017: Tonya Powell Franklin, Hon. Steve S. Ratcliff, III, Gina B. Tompkins, Hon. David B. Strong, Jr., Taylor D. Buntin, and Taylor A. Heck. Order entered on 08/10/17.</ul><br><hr>
In Re: The Mississippi Access to Justice Commission
Date: August 17, 2017
Citation: 89-R-99032-SCT
The en banc Court reappoints Hon. Leslie D. King, Hon. Denise S. Owens, and Hon. Lillie Blackmon Sanders as Commissioners of the Access to Justice Commission to terms ending on June 30, 2020, appoints Kacey G. Bailey, David L. Calder, Nicole H. McLaughlin, and Trena M. Williams as Commissioners to terms ending on June 30, 2020, and appoints Charliene Roemer as a Commissioner to a term ending on June 30, 2018. Order entered on 08/15/2017.</ul><br><hr>
In the Matter of the Estate of Joe Howard Estes, Deceased: Greg Estes and Jeff Estes v. Sarah Estes
Date: August 10, 2017
Citation: 2011-CT-01451-SCT
Appellants' Motion for Reconsideration is denied. Maxwell, J., not participating.
Greg Estes and Jeff Estes, Co-Executors of the Estate of Joe Howard Estes, Deceased v. Sarah Young Estes
Date: August 10, 2017
Citation: 2014-CT-01533-SCT
Appellants' Motion for Reconsideration is denied. Maxwell, J., not participating.
James Cobb Hutto, III a/k/a James C. Hutto, III a/k/a James Cobb Hutto a/k/a James C. Hutto a/k/a James Hutto, III a/k/a James Hutto a/k/a Jamie Hutto a/k/a The Hitman v. State of Mississippi
Date: August 10, 2017
Citation: 2014-DP-00177-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant.
Richard Rylee and Beth Rylee v. Progressive Gulf Insurance Company and USAA Casualty Insurance Company
Date: August 10, 2017
Citation: 2015-CA-01572-SCT
Progressive Gulf Insurance Company's Motion to Strike Addendum and/or Supplement to Motion for Rehearing is granted and we strike the addendum untimely filed by the Rylees on April 19, 2017. Dickinson, P.J., not participating. Order entered.
Jane Doe v. Hallmark Partners, LP, SJP One, LLC, Veronica Moore, New Horizons Management, LLC and Security Engineers, Inc.
Date: August 10, 2017
Citation: 2015-CA-01655-SCT
The Motion for Rehearing filed by Hallmark Partners, LP, SJP One, LLC, Veronica Moore and New Horizons Management, LLC is denied. Dickinson, P.J., and Coleman, J., would grant.
Marterius C. Sanders a/k/a Marterius Sanders a/k/a Marterious Sanders a/k/a Greg a/k/a "G" v. State of Mississippi
Date: August 10, 2017
Citation: 2015-CT-00971-SCT
The Motion for Writ of Certiorari filed by Marterius C. Sanders, pro se, is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J. Order entered.
David Dickerson v. State of Mississippi
Date: August 10, 2017
Citation: 2015-DR-00954-SCT
The Motion to Hold Post-Conviction Proceedings in Abeyance due to Petitioner's Incompetency filed on behalf of David Dickerson by the Mississippi Office of Capital Post-Conviction Counsel is hereby granted insofar as Dickerson's post-conviction collateral relief proceedings before the Court are stayed and the matter is remanded to the Circuit Court of Copiah County for a determination of Dickerson's competence to proceed before the Court in post-conviction collateral relief proceedings. The competency hearing in the circuit court shall be held within ninety (90) days of the entry of the Order. The circuit court shall make written findings and provide them to the Court, along with preparing and submitting a record of the proceedings. Upon receipt of the circuit court's competency determination, the stay on Dickerson's post-conviction collateral relief proceedings before the Court shall be lifted. The Motion to Stay Post-Conviction Proceedings and for Permission to Supplement and Amend Petitioner's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed on behalf of David Dickerson by the Mississippi Office of Capital Post-Conviction Counsel is hereby dismissed without prejudice. If desired, the motion to supplement may be re-filed, including the requested supplementation to the Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief, within forty-five (45) days of the circuit court's competency determination. All Justices Agree. Order entered.
Hatfield v. Board of Supervisors of Madison County  
Date: August 10, 2017
Citation: 2016-CP-00616-SCT
Docket Number: 2016-CP-00616-SCT

Justia Opinion Summary: The Madison County Board of Supervisors (the Board) found Arlin George Hatfield, III (who raised “chickens, guinea fowl, and ducks”) violated a Madison County Zoning Ordinance (the Ordinance) section, which did not expre...

Thomas Edwin Loden, Jr. v. State of Mississippi
Date: August 10, 2017
Citation: 2016-DR-00962-SCT
The Motion for Rehearing and for Leave to Supplement Petition filed by Petitioner is denied. Kitchens and King, JJ., would grant.
Charlie Chambliss a/k/a Charlie R. Chambliss a/k/a Charlie Ralph Chambliss v. State of Mississippi
Date: August 10, 2017
Citation: 2016-KP-00644-SCT
Randolph, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.
Brandon Smith and Kimberly Wolfe Smith v. Milton Martin and Geneva Martin
Date: August 3, 2017
Citation: 2014-CT-00040-SCT
Appellant's May 20, 2017 Motion for Correction of Opinion is dismissed as procedurally barred. All Justices Agree. Order entered.
David Lee May a/k/a David L. May a/k/a David May v. State of Mississippi
Date: August 3, 2017
Citation: 2014-CT-00681-SCT
The Petition for Writ of Certiorari filed by the Appellee, the State of Mississippi, is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell and Chamberlin, JJ. To Grant: Randolph, P.J., and Beam, J. Order entered.
Bruce Cope, Mary Cope and Ike W. Thrash v. Thrasher Construction, Inc.
Date: August 3, 2017
Citation: 2014-CT-01474-SCT
The Petition for Writ of Certiorari filed by Bruce Cope, Mary Cope and Ike Thrash is granted. To Grant: Waller, C.J., Randolph, P.J., Kitchens, King and Beam, JJ. To Deny: Dickinson, P.J., Coleman, Maxwell and Chamberlin, JJ. Order entered.
Marci Sklar Teal v. Elaine Jones
Date: August 3, 2017
Citation: 2015-CT-00259-SCT
The Petition for Writ of Certiorari filed by counsel for Elaine Jones is denied. To Deny: All Justices. Order entered.
Charles D. Easley v. Public Employees' Retirement System
Date: August 3, 2017
Citation: 2015-CT-01011-SCT
The Petition for Writ of Certiorari filed by Charles D. Easley is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: King, J. Order entered.
Johnny William Williams a/k/a Johnny Williams a/k/a Johnny William Williams, Jr. v. State of Mississippi
Date: August 3, 2017
Citation: 2015-CT-01055-SCT
The Petition for Writ of Certiorari filed by Johnny William Williams is denied. All Justices Agree. Order entered.
Stephen Carmody and Rowena Carmody v. Suzannah McGowan
Date: August 3, 2017
Citation: 2015-CT-01236-SCT
The Petition for Writ of Certiorari filed by Stephen Carmody and Rowena Carmody is denied. To Deny: All Justices. Order entered.
James Kenard Parish a/k/a James Kinard Parish a/k/a James Kinard Parich a/k/a James Kine Parish v. State of Mississippi
Date: August 3, 2017
Citation: 2015-CT-01374-SCT
The Petition for Writ of Certiorari filed by James Kenard Parish is dismissed. Order entered.
Harold Hathorn v. ESCO Corporation
Date: August 3, 2017
Citation: 2015-CT-01528-SCT
The Petition for Writ of Certiorari filed by Harold Hathorn is denied. To Deny: All Justices. Order entered.
Suzann (Savage) Davis v. Charles Gregory Davis
Date: August 3, 2017
Citation: 2015-CT-01810-SCT
Appellant's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell and Beam, JJ. To Grant: Randolph, P.J. Not Participating: Chamberlin, J. Order entered.
Sidney Humbles a/k/a Sidney Kareem Humbles a/k/a Sidney K. Humbles v. State of Mississippi
Date: August 3, 2017
Citation: 2015-CT-01832-SCT
Sidney Humbles's Petition for Writ of Certiorari is denied. To Deny: Randolph, P.J., King, Maxwell, Beam and Chamberlin, JJ. To Grant: Dickinson, P.J., Kitchens and Coleman, JJ. Not Participating: Waller, C.J. Order entered.
Dennis v. Dennis  
Date: August 3, 2017
Citation: 2016-CA-00425-SCT
Docket Number: 2016-CA-00425-SCT

Justia Opinion Summary: Thomas Dennis appealed a Chancery Court judgment, arguing that the chancellor erred by denying a petition to terminate his child-support obligations with respect to his step-great-grandchild, J.R.H. Thomas Dennis and She...

Mid-America Apartments, L.P. v. City of Ridgeland, Mississippi, and Mayor and Board of Alderman of the City of Ridgeland
Date: August 3, 2017
Citation: 2016-CA-01120-SCT
This appeal is dismissed, with each party to bear its own costs and fees. All Justices Agree. Order entered.
Mid-America Apartments, L.P. v. City of Ridgeland, Mississippi and Mayor and Board of Aldermen of the City of Ridgeland
Date: August 3, 2017
Citation: 2016-CA-01133-SCT
This appeal is dismissed, with each party to bear its own costs and fees. All Justices Agree. Order entered.
Robert Simon, Jr. v. State of Mississippi
Date: August 3, 2017
Citation: 2016-DR-00092-SCT
The Motion for Approval of Interim Attorney Fees and Expenses filed by counsel for Petitioner is denied. All Justices Agree. Order entered.
James Ratcliff a/k/a James Edward Ratcliff a/k/a James E. Ratcliff a/k/a Eddie Rankin v. State of Mississippi
Date: July 27, 2017
Citation: 2014-CT-01698-SCT
The Petition for Writ of Certiorari filed pro se by James Ratcliff is denied. To Deny: All Justices. Order entered.
Groundworx, LLC v. City of Hattiesburg  
Date: July 27, 2017
Citation: 2015-CA-00152-SCT
Docket Number: 2015-CA-00152-SCT

Justia Opinion Summary: Groundworx,LLC, appealed a judgment dismissing its breach-of-contract action against the City of Hattiesburg. After reviewing the contract between Groundworx and the City, which Groundworx attached to its complaint, the...

Minka v. Mississippi  
Date: July 27, 2017
Citation: 2015-CA-01741-SCT
Docket Number: 2015-CA-01741-SCT

Justia Opinion Summary: Adofo Minka was held in direct criminal contempt by the Hinds County Circuit Court for unprofessional and contumacious behavior during the trial of his client which resulted in a mistrial. Minka was fined $100 and ordere...

Briggs v. Mississippi  
Date: July 27, 2017
Citation: 2015-CT-00016-SCT
Docket Number: 2015-CT-00016-SCT

Justia Opinion Summary: Trevioun Briggs was convicted for robbery and witness-tampering. The Court of Appeals affirmed both convictions. Briggs petitioned the Mississippi Supreme Court for certiorari, which was granted to consider whether his i...

Marvin Rerockus Demond Carver a/k/a Marvin Rerocukus Demond Carver a/k/a Marvin Carver a/k/a Marvin Rerockus Carver a/k/a Marvin R. Carver a/k/a "Foot" v. State of Mississippi
Date: July 27, 2017
Citation: 2015-CT-00384-SCT
Marvin Rerockus Demond Carver's Petition for Writ of Certiorari is granted. All Justices Agree. Order entered.
Sara Jane Koch a/k/a Sara Koch a/k/a Sara J. Koch v. State of Mississippi
Date: July 27, 2017
Citation: 2015-CT-01228-SCT
The Petition for Writ of Certiorari filed by Sara Jane Koch is denied. To Deny: All Justices. Order entered.
Christopher Scott Routh v. State of Mississippi
Date: July 27, 2017
Citation: 2016-KM-00546-SCT
The Motion for Rehearing filed by Appellant is denied.
Willie Wash v. Mississippi Department of Corrections
Date: July 27, 2017
Citation: 2016-TS-01149
Before the en banc Court are (a) the Motion for Permission to Proceed Out of Time, filed by Willie Wash (b) the Show Cause Notice, issued by the Clerk of this Court and (c) Wash's response to the show-cause notice, with a Motion to Proceed on Appeal In Forma Pauperis attached. The Mississippi Department of Corrections should be required to file a response. The Mississippi Department of Corrections shall file a response within 30 days after entry of this order. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Chamberlin, J. Order entered.
Rules for Court Reporters
Date: July 27, 2017
Citation: 89-R-99021-SCT
On the Court's own motion, the en banc Court reappoints Judge David B. Strong, Amanda Magee Wootton, Huey Bang, and LeAnn W. Nealey as board members of the Board of Certified Court Reporters as set out in the Order to serve two-year terms commencing on July 1, 2017, as herein designated, or until such time as a successor shall be appointed. Each person appointed as a member of the Board of Certified Court Reporters shall take an oath of office and shall file a copy of that oath with the Supreme Court Clerk. In the event a member cannot continue to serve on the board, that board member shall immediately notify the Chief Justice and the appropriate nominating entity in writing. Should a vacancy otherwise occur, the Chairman of the board shall immediately notify the Chief Justice and the appropriate nominating entity in writing. The Clerk of the Court shall forward a certified copy of this order to the appointees and to the Office for the Board of Certified Court Reporters. Order entered 7/18/17.</ul><br><hr>
Mississippi Valley Silica Company, Inc. v. Dorothy Barnett, Individually and as Wrongful Death Beneficiary of Howard Barnett, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Howard Barnett, Deceased
Date: July 20, 2017
Citation: 2013-CT-01296-SCT
The Motion for Leave to File Amicus Brief Out of Time, filed by the Mississippi Association for Justice, is granted. Within seven days of entry of this order, the Association shall electronically re-file its amicus brief in compliance with Section 3(A)(3) of the Mississippi Appellate E-Filing Administrative Procedures. Mississippi Valley may file a response to the Association's amicus brief within 20 days after the brief is filed. Agree: Waller, C.J., Dickinson, P.J., Kitchens, King, Maxwell, Beam and Chamberlin, JJ. Disagree: Randolph, P.J., and Coleman, J. Order entered.
Bennie Beal v. State of Mississippi
Date: July 20, 2017
Citation: 2014-CT-01424-SCT
The Petition for Writ of Certiorari filed by counsel for Bennie Beal is denied. To Deny: All Justices. Order entered.
Clyde Delbert Esplin v. Rebecca Carol Esplin (Bryant)
Date: July 20, 2017
Citation: 2015-CT-00727-SCT
The Petition for Writ of Certiorari filed by Appellant Clyde Delbert Esplin is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Chamberlin, JJ. Not Participating: Beam, J. Order entered.
City of Meridian, Mississippi v. Adam Meadors
Date: July 20, 2017
Citation: 2015-CT-00767-SCT
The Motion for Writ of Certiorari filed by Appellee Adam Meadors is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Maxwell, Beam and Chamberlin, JJ. To Dismiss: Coleman, J. Order entered.
Margaret Magers v. Diamondhead Resort, LLC
Date: July 20, 2017
Citation: 2015-CT-01330-SCT
Margaret Magers's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Order entered.
Lane v. Lampkin  
Date: July 20, 2017
Citation: 2016-CA-00941-SCT
Docket Number: 2016-CA-00941-SCT

Justia Opinion Summary: The Chancery Court found that Ronald Lampkin had breached his fiduciary duties to Limestone Products, Inc. (“Limestone”). Lampkin and James Oldrum Smith Jr. jointly owned and operated Limestone with a line of credit they...

Brenda Franklin v. Cornelius Turner d/b/a Golden Age Apartments, and Cornelius Turner d/b/a Major Management, Inc.
Date: June 29, 2017
Citation: 2014-CT-01006-SCT
The Petition for Writ of Certiorari filed by Brenda Franklin is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, King and Coleman, JJ. Order entered.
Marion O'Bryan Strickland a/k/a Marion Strickland a/k/a Bryan Strickland a/k/a Brian Strickland v. State of Mississippi
Date: June 29, 2017
Citation: 2014-CT-01697-SCT
Marion Strickland's Petition for Writ of Certiorari is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J. Order entered.
Vivians v. Baptist HealthPlex  
Date: June 29, 2017
Citation: 2014-CT-01828-SCT
Docket Number: 2014-CT-01828-SCT

Justia Opinion Summary: A patron of the Baptist Healthplex in Clinton, Mississippi, slipped, fell, and suffered injuries when stepping into the Healthplex therapy pool. He sued, alleging, inter alia, that the Healthplex had failed to maintain i...

Mississippi Department of Corrections v. The Roderick & Solange MacArthur Justice Center
Date: June 29, 2017
Citation: 2015-CA-00431-SCT
The Motion for Rehearing filed by Appellee is denied. Kitchens and King, JJ., would grant.
T.L. Wallace Construction, Inc. v. McArthur, Thames, Slay, and Dews, PLLC  
Date: June 29, 2017
Citation: 2015-CA-01596-SCT
Docket Number: 2015-CA-01596-SCT

Justia Opinion Summary: In this auditing malpractice case, Thomas L. Wallace and T.L. Wallace Construction, Inc. appealed the Circuit Court's grant of summary judgment to McArthur, Thames, Slay, and Dews, PLLC (“McArthur Thames”) for lack of ca...

Edmonds v. Mississippi  
Date: June 29, 2017
Citation: 2015-CA-01788-SCT
Docket Number: 2015-CA-01788-SCT

Justia Opinion Summary: In July 2004, a jury found Tyler Edmonds guilty of the murder of Joey Fulgham, who was his half-sister’s husband. In May 2007, the Mississippi Supreme Court reversed Edmonds’s conviction and remanded the case to the tria...

Demario Walker a/k/a Demario D. Walker a/k/a Demario Dontez Walker v. State of Mississippi
Date: June 29, 2017
Citation: 2015-CT-00912-SCT
The Petition for Writ of Certiorari filed pro se by Demario Walker is granted. To Grant: All Justices. Order entered.
Lonnie Jordan a/k/a Lonnie L. Jordan a/k/a Lonnie Lee Jordan v. State of Mississippi
Date: June 29, 2017
Citation: 2015-CT-01778-SCT
The Petition for Writ of Certiorari and the Motion to Supplement the Record filed by Lonnie Jordan are denied. All Justices Agree. Order entered.
Justin James a/k/a "Hurricane" a/k/a Justin Curtis Martell James v. State of Mississippi
Date: June 29, 2017
Citation: 2015-CT-01822-SCT
The Petition for Writ of Certiorari filed by Justin James is denied. To Deny: All Justices. Order entered.
Scott v. Mississippi  
Date: June 29, 2017
Citation: 2015-KA-01623-SCT
Docket Number: 2015-KA-01623-SCT

Justia Opinion Summary: Kale Scott was indicted for one count of aggravated assault, and one count of murder. These charges were brought following a high school graduation party with over 200 attendees; one person was shot in the leg, and anoth...

Washington v. Mississippi  
Date: June 29, 2017
Citation: 2015-KA-01702-SCT
Docket Number: 2015-KA-01702-SCT

Justia Opinion Summary: A jury found Cortaia Washington guilty of intimidating a witness in violation of Mississippi Code Section 97-9-55. The circuit court sentenced Washington to serve two years in the custody of the Mississippi Department of...

Builders & Contractors Association of Mississippi, v. Laser Line Construction Company, LLC  
Date: June 29, 2017
Citation: 2016-IA-00397-SCT
Docket Number: 2016-IA-00397-SCT

Justia Opinion Summary: Laser Line Construction Company, LLC,(“Laser Line”) purchased statutory workers’ compensation insurance coverage from the Builders and Contractors Association of Mississippi (“BCAM”) Self Insurers’ Fund. Because Laser Li...

Fawaz Abdrabbo, M.D. and Hinds Behavioral Health Services v. Audray (Andres) Johnson
Date: June 29, 2017
Citation: 2016-IA-00571-SCT
The Motion for Rehearing filed by Appellee is denied.
Shinstock v. Mississippi  
Date: June 29, 2017
Citation: 2016-KA-00963-SCT
Docket Number: 2016-KA-00963-SCT

Justia Opinion Summary: Ronald Shinstock appealed after he was convicted of selling methamphetamine conviction. He argued the trial court should have excluded some of the State’s evidence based on an alleged Fourth Amendment violation. Shinstoc...

Carl William Arnold, Jr., Lynda Arnold Gambrell and Deborah Arnold Herndon v. Annie J. Arnold
Date: June 29, 2017
Citation: 2017-IA-00533-SCT
The Petition for Interlocutory Appeal filed by A. Regnal Blackledge is granted. The Order of the Chancery Court of Covington County, cause no. 2015-002-2, dated April 17, 2017, which denied Blackledge's Motion to Withdraw, is vacated. The matter is remanded to the Chancery Court of Covington County to enter an order, within fifteen (15) days of the issuance of the mandate, allowing Blackledge to withdraw upon proper substitution of counsel. The notice of appeal having been filed, the filing fee is due and payable to the Clerk of this Court. A. Regnal Blackledge is taxed with the costs, if any, of this appeal. All Justices Agree. King, J., for the Court. Order entered.
In Re: The Rules of Civil Procedure
Date: June 29, 2017
Citation: 89-R-99001-SCT
The motion to amend the Mississippi Rules of Civil Procedure to permit summary jury trials, submitted by Claude F. Clayton, Jr., on behalf of the Mississippi Chapter of the American Board of Trial Advocates is denied. Agree: Dickinson and Randolph, P.JJ., Kitchens, King, Coleman and Chamberlin, JJ. Disagree: Waller, C.J., and Maxwell, J. Not Participating: Beam, J. Order entered.</ul><br><hr>
In Re: Code of Judicial Conduct
Date: June 29, 2017
Citation: 89-R-99013-SCT
The request to amend the Code of Judicial Conduct filed by Justice Court Judge Kenneth Adams is denied. To Deny: All Justices. Order entered.</ul><br><hr>
In Re: Mississippi Rules of Appellate Procedure
Date: June 29, 2017
Citation: 89-R-99027-SCT
Tommy Jones v. State of Mississippi
Date: June 22, 2017
Citation: 2005-CT-00851-SCT
Tommy Jones's Petition for Writ of Certiorari is dismissed as untimely. Order entered.
Felton Martin, Jr. a/k/a Felton Martin v. State of Mississippi
Date: June 22, 2017
Citation: 2015-CT-00153-SCT
The Petition for Writ of Certiorari filed by Felton Martin, Jr., is denied. To Deny: All Justices. Order entered.
Jane Doe v. John Doe
Date: June 22, 2017
Citation: 2015-CT-00652-SCT
John Doe's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Order entered.
Tavaris Collins a/k/a Tavaras Collins a/k/a Tavares Collins a/k/a Tavaris Franshay Collins a/k/a Tavaris F. Collins a/k/a Frog v. State of Mississippi
Date: June 22, 2017
Citation: 2015-CT-00848-SCT
The Petition for Writ of Certiorari filed by Tavaris Collins is denied. To Deny: All Justices. Order entered.
George Lee Parks a/k/a George Lee Parks, III a/k/a George L. Parks, III a/k/a George Parks, III v. State of Mississippi
Date: June 22, 2017
Citation: 2015-CT-01607-SCT
The Petition for Writ of Certiorari, and the Amended Petition for Writ of Certiorari filed by counsel for George Lee Parks are denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J. Order entered.
Jackson Residential Associates One, LLC d/b/a Van Mark Apartments v. City of Ridgeland, Mississippi
Date: June 22, 2017
Citation: 2016-CA-00079-SCT
The Joint Motion to Dismiss Appeal with Prejudice and Vacate Circuit Court Judgment filed by both parties is granted. Therefore, this action is dismissed with prejudice, with each party to bear its own costs and fees. The May 24, 2016, Final Judgment entered by the Circuit Court of Madison County in Civil Action No. CO 2014-276-JE is void. Order entered 6/15/17.
Fulgham v. Jackson  
Date: June 22, 2017
Citation: 2016-IA-00570-SCT
Docket Number: 2016-IA-00570-SCT

Justia Opinion Summary: Rodney Fulgham argued that the trial judge erred by denying his motion to dismiss as suit brought by plaintiff, Clara Jackson. Fulgham contended Jackson failed to show good cause justifying a second enlargement of time t...

Mississippi Valley Silica Company, Inc. v. Dorothy Barnett, Individually and as Wrongful Death Beneficiary of Howard Barnett, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Howard Barnett, Deceased
Date: June 15, 2017
Citation: 2013-CT-01296-SCT
The Motion for Leave to File Amici Curiae Brief filed by the Mississippi Economic Council, et al., is granted. Leave is granted to re-file electronically the Brief of Amici Curiae in compliance with Section 3(A)(3) of the Mississippi Appellate E-Filing Administrative Procedures. Disagrees: Coleman, J. Order entered.
Evans v. Mississippi  
Date: June 15, 2017
Citation: 2013-DP-01877-SCT
Docket Number: 2013-DP-01877-SCT

Justia Opinion Summary: Timothy Evans was tried and convicted of capital murder with the underlying felony of robbery for the death of Wenda Holling. At the conclusion of the sentencing phase, the jury imposed the death penalty. Evans’s post-tr...

James Wesley Scott a/k/a James W. Scott a/k/a James Scott v. State of Mississippi
Date: June 15, 2017
Citation: 2014-CT-00572-SCT
The Petition for Writ of Certiorari filed by counsel for James Wesley Scott is granted. To Grant: Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. Order entered.
Marlon Little v. State of Mississippi
Date: June 15, 2017
Citation: 2014-CT-01505-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny: Kitchens and King, JJ. Not Participating: Waller, C.J., Order entered.
Kenneth D. McDuff, Jr. v. Teresa B. McDuff
Date: June 15, 2017
Citation: 2015-CT-00040-SCT
Kenneth McDuff's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
City of Meridian, Mississippi d/b/a East Mississippi Drug Task Force v. $104,960.00 U.S. Currency, and a 2003 Ford F-150 Supercab Truck, VIN #1FTRX17213NB65899 and Maria I. Valle Catalan
Date: June 15, 2017
Citation: 2015-CT-00710-SCT
City of Meridian's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny: Kitchens and King, JJ. Order entered.
John Ray Kidd v. State of Mississippi
Date: June 15, 2017
Citation: 2015-CT-01182-SCT
The Petition for Writ of Certiorari filed by John Ray Kidd is denied. To Deny: All Justices. Order entered.
Gutierrez v. Gutierrez  
Date: June 15, 2017
Citation: 2016-CA-00129-SCT
Docket Numbers: 2016-CA-00393-SCT, 2016-CA-00129-SCT

Justia Opinion Summary: In 2014, the Mississippi Supreme Court issued its opinion in Gutierrez v. Gutierrez, 153 So.3d 703 (2014), affirming the chancellor’s judgment in part and reversing it in part, remanding the case for the resolution of th...

Richard Gerald Jordan v. State of Mississippi
Date: June 15, 2017
Citation: 2016-DR-00960-SCT
Tunica County Democratic Executive Committee v. Jones  
Date: June 15, 2017
Citation: 2016-EC-00400-SCT
Docket Number: 2016-EC-00400-SCT

Justia Opinion Summary: Craig Jones filed a petition for judicial review of the Tunica County Democratic Executive Committee’s (TCDEC) decision that he was not qualified to run in its primary for Tunica County Board of Supervisors, Beat Five po...

Mississippi Commission on Judicial Performance v. Judge Gay Polk-Payton
Date: June 15, 2017
Citation: 2016-JP-01685-SCT
The record supplementation requested by the Court during oral argument should, and it hereby is, rescinded. The Court finds that no violation of the Mississippi Code of Judicial Conduct by the respondent, Forrest County Justice Court Judge Gay Polk-Payton, has been proven by clear and convincing evidence, and that these proceedings therefore should be, and they hereby are, dismissed with prejudice. The Commission shall bear the costs. Not Participating: Coleman, Beam and Chamberlin, JJ. Order entered.
In Re: Mississippi Rules of Appellate Procedure
Date: June 15, 2017
Citation: 89-R-99027-SCT
Brian Anthony Young a/k/a Brian A. Young a/k/a Brian Young v. State of Mississippi
Date: June 8, 2017
Citation: 2014-CT-01799-SCT
The Petition for Writ of Certiorari filed by Brian Anthony Young is denied. All Justices Agree. Order entered.
Pemberton Properties, LTD d/b/a Pemberton Apartments, Park Villa, LLC d/b/a East Villa Apartments, Pearl Partners, LP d/b/a Colony Park Apartments, Colony Park II, LLC d/b/a Grande at Colony Park Apartments, Albert Moore Home Builders, Inc. d/b/a Colonial Terrace Apartments, Wood Glen, LLC d/b/a Wood Glen Apartments, Steve Maulding d/b/a Bavarian Garden Apartments, Steve Maulding d/b/a Pearl Manor Apartments, Sheila Maulding d/b/a 468 Place Townhomes and WPB Properties, LLC d/b/a Fox Run Apartments v. The Mayor and Board of Aldermen of the City of Pearl, Mississippi
Date: June 8, 2017
Citation: 2015-CA-01865-SCT
The Motion for Rehearing filed by Appellants is denied.
Mississippi Rural Water Association, Inc. v. Mississippi Public Service Comm'n  
Date: June 8, 2017
Citation: 2015-CC-01249-SCT
Docket Number: 2015-CC-01249-SCT

Justia Opinion Summary: The Mississippi Public Service Commission (MPSC) adopted a rule requiring utilities to waive utility deposits for certified domestic violence victims for a period of sixty days. The rule also required the utilities to ke...

Charles Smith v. State of Mississippi
Date: June 8, 2017
Citation: 2015-CT-00812-SCT
Charles Smith's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Potts v. Mississippi  
Date: June 8, 2017
Citation: 2015-KA-01377-SCT
Docket Number: 2015-KA-01377-SCT

Justia Opinion Summary: Melvin Potts appealed his convictions of first-degree murder and motor-vehicle theft, arguing that the trial judge erred by providing additional instructions to the jury, not declaring a mistrial when the jury stated it...

Ashford v. Mississippi  
Date: June 8, 2017
Citation: 2015-KA-01839-SCT
Docket Number: 2015-KA-01839-SCT

Justia Opinion Summary: Kelvin Ashford was indicted, tried, and found guilty by a jury on eight counts of sexual battery and two counts of fondling. He appealed, challenging the sufficiency of the evidence, arguing the verdict was against the o...

The Mississippi Bar v. Morgan P. Shands
Date: June 8, 2017
Citation: 2016-BD-01552-SCT
Ermea J. Russell v. The Mississippi Bar
Date: June 8, 2017
Citation: 2016-BR-01807-SCT
Daniels v. Crocker  
Date: June 8, 2017
Citation: 2016-CA-00566-SCT
Docket Number: 2016-CA-00566-SCT

Justia Opinion Summary: This appeal arose out of a breach-of-contract action between Marc Daniels, Sandra Daniels, Crocker & Associates, Inc., and Maxx Investments, LLC (collectively, “the Danielses”) and Dennis Crocker, Gail Crocker and Crocke...

Estate of Rose Greer v. Ball  
Date: June 1, 2017
Citation: 2014-CT-00528-SCT
Docket Number: 2014-CT-00528-SCT

Justia Opinion Summary: In a matter of first impression, the Mississippi Supreme Court addressed testamentary provisions in a contract. A provision in a lease stated that upon the lessor’s death, the lessor’s rights (primarily the right to rece...

Ronald Wade Betts v. Belinda Moucha Betts
Date: June 1, 2017
Citation: 2014-CT-01024-SCT
The Petition for Writ of Certiorari filed by counsel for Ronald Wade Betts is denied. To Deny: All Justices. Order entered.
Edward Springer v. Ausbern Construction Co., Inc.
Date: June 1, 2017
Citation: 2014-CT-01190-SCT
The Petition for Writ of Certiorari filed by Ausbern Construction Company, Inc., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Beam and Chamberlin, JJ. Not Participating: Maxwell, J. Order entered.
Estate of Joe Howard Estes v. Young-Estes  
Date: June 1, 2017
Citation: 2014-CT-01533-SCT
Docket Numbers: 2014-CT-01533-SCT, 2011-CT-01451-SCT

Justia Opinion Summary: A widow challenged the Court of Appeals’ finding persuasive that she abandoned her marriage; when her husband died, she received only a child’s share of his estate. After dating for approximately six months; Sarah Young...

Mississippi v. Scott  
Date: June 1, 2017
Citation: 2014-KA-00123-SCT
Docket Number: 2014-KA-00123-SCT

Justia Opinion Summary: A circuit court judge ruled death-row inmate Kevin Scott was intellectually disabled and thus ineligible for the death penalty under the Eighth Amendment. The State appealed: (1) the trial judge ignored the mandate of th...

Thomas L. Swarek and Thomas A. Swarek v. Derr Plantation, Inc.
Date: June 1, 2017
Citation: 2015-CA-00871-SCT
The Motion for Rehearing filed by Appellants is denied.
Azomani v. Mississippi  
Date: June 1, 2017
Citation: 2015-CT-00050-SCT
Docket Number: 2015-CT-00050-SCT

Justia Opinion Summary: Dr. Hosan Azomani seeks review of the Court of Appeals’ affirmance of his conviction and sentence for two counts of Medicaid fraud in violation of Mississippi Code Sections 43-13-213 and 43-13-215. Dr. Azomani practiced...

David Dickerson v. State of Mississippi
Date: June 1, 2017
Citation: 2015-DR-00954-SCT
The Motion to Seal Exhibit filed by David Dickerson is dismissed. To Dismiss: All Justices. Order entered.
Perry v. Mississippi  
Date: June 1, 2017
Citation: 2015-KA-01205-SCT
Docket Number: 2015-KA-01205-SCT

Justia Opinion Summary: The Mississippi Supreme Court held Byron Perry’s constitutional and statutory rights to a speedy trial were not violated. Further, the Court found no merit in Perry’s argument that one of the two sentencing orders submit...

The Mississippi Bar v. Yvonne L. Hughes
Date: June 1, 2017
Citation: 2016-BD-00677-SCT
The Mississippi Bar's Formal Complaint against Yvonne L. Hughes should be, and it is, dismissed without prejudice due to insufficient service of process. Costs of these proceedings are assessed to the Mississippi Bar. Kitchens, J., for the Court. Order entered.</ul><br><hr>
Lewis v. (Lewis) Pagel  
Date: June 1, 2017
Citation: 2016-CA-00192-SCT
Docket Number: 2016-CA-00192-SCT

Justia Opinion Summary: An order of divorce was entered in 2008. This case made its third trip to the Mississippi Supreme Court. Drake Lewis appealed two issues: (1) the order of divorce should have been voided due to a lack of jurisdiction and...

In the Matter of the Estate of Robert Ernie Johnson  
Date: June 1, 2017
Citation: 2016-CA-00219-SCT
Docket Number: 2016-CA-00219-SCT

Justia Opinion Summary: Under Mississippi civil discovery rules, a party who fails to attend his own properly noticed deposition may be sanctioned. Here, the plaintiff in a will contest intentionally skipped out on his deposition. This prompted...

Thomas Pustay a/k/a Thomas Stephen Pustay a/k/a Thomas Stephan Pustay v. State of Mississippi
Date: May 25, 2017
Citation: 2013-CT-00977-SCT
The Petition for Writ of Certiorari filed by Thomas Pustay is denied. To Deny: Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Waller, C.J., Kitchens and King, JJ. Order entered.
Michael R. Smith, Individually and as Trustee of the Maggie Legett Smith Irrevocable Trust v. Maggie Mae, L.P.; David B. Smith, Conservator of Maggie Mae Smith; David B. Smith, Executor of the Estate of Maggie L. Smith, Deceased; and David B. Smith, Individually
Date: May 25, 2017
Citation: 2014-CT-00875-SCT
The Petition of Appellee David B. Smith, Individually, for a Writ of Certiorari is denied. To Deny: All Justices. Order entered.
University of Mississippi Medical Center v. Kim Hampton, Individually and on behalf of Kimrick Smith, Deceased, and the Wrongful Death Beneficiaries of Kimrick Smith
Date: May 25, 2017
Citation: 2014-CT-01079-SCT
Kim Hampton's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens and King, JJ. To Deny: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Order entered.
Cozart v. Mississippi  
Date: May 25, 2017
Citation: 2014-CT-01741-SCT
Docket Number: 2014-CT-01741-SCT

Justia Opinion Summary: Defendant Zachary Cozart was convicted by jury of manslaughter, for which he was sentenced to thirty years in the Mississippi Department of Corrections. Cozart appealed, arguing Mississippi Code Section 97-3-25(b) (Rev....

Jason Lee Keller v. State of Mississippi
Date: May 25, 2017
Citation: 2014-DR-00808-SCT
Shumake v. Shumake  
Date: May 25, 2017
Citation: 2015-CA-01622-SCT
Docket Number: 2015-CA-01622-SCT

Justia Opinion Summary: Leslie Shumake appealed a Chancery Court judgment that found him in contempt for failure to pay his alimony obligations, denied his motion to modify alimony, and placed an equitable lien on his law practice to secure the...

C. D. Pickle, Jr. a/k/a Clanton D. Pickle, Jr. v. State of Mississippi
Date: May 25, 2017
Citation: 2015-CT-00298-SCT
C.D. Pickle's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Clanton D. Pickle, Jr. a/k/a C.D. Pickle, Jr. v. State of Mississippi
Date: May 25, 2017
Citation: 2015-CT-00824-SCT
C.D. Pickle's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Smith v. Webster  
Date: May 25, 2017
Citation: 2015-EC-01562-SCT
Docket Number: 2015-EC-01562-SCT

Justia Opinion Summary: This election contest arose out of the November 4, 2014, general election for the circuit judge seat in Mississippi’s eleventh circuit district, subdistrict 3. Charles Webster received 3,255 votes, whereas Chaka Smith re...

Janice Michelle Wilcher a/k/a Janice Wilcher v. State of Mississippi
Date: May 25, 2017
Citation: 2015-KA-01008-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.
McIntosh v. Mississippi Real Estate Comm'n  
Date: May 25, 2017
Citation: 2015-SA-01086-SCT
Docket Number: 2015-SA-01086-SCT

Justia Opinion Summary: Rita McIntosh appealed a circuit court’s judgment affirming the Mississippi Real Estate Commission’s disciplinary order against her, finding that McIntosh had engaged in “improper dealing.” According to the order, McInto...

Ballard v. Ballard  
Date: May 25, 2017
Citation: 2016-CA-00615-SCT
Docket Number: 2016-CA-00615-SCT

Justia Opinion Summary: The parties ultimately agreed to an irreconcilable differences divorce, with the chancery court to decide certain issues: child custody, visitation, equitable division of property and attorney fees. The bulk of Candice B...

Thomas Edwin Loden, Jr. v. State of Mississippi
Date: May 25, 2017
Citation: 2016-DR-00962-SCT
Barlow v. Miss.State Bd. of Chiropractic Examiners  
Date: May 25, 2017
Citation: 2016-SA-00110-SCT
Docket Number: 2016-SA-00110-SCT

Justia Opinion Summary: Dr. Andy Barlow was disciplined by the Mississippi State Board of Chiropractic Examiners for advertising in violation of the statutes governing chiropractors. The complaint alleged that Dr. Barlow advertised using profes...

Mississippi Valley Silica Company, Inc. v. Dorothy Barnett, Individually and as Wrongful Death Beneficiary of Howard Barnett, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Howard Barnett, Deceased
Date: May 18, 2017
Citation: 2013-CT-01296-SCT
The Petition for Writ of Certiorari filed by Mississippi Valley Silica Company, Inc., is granted. To Grant: Waller, C.J., Dickinson, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny: Randolph, P.J., Kitchens and King, JJ. Order entered.
American Optical Corp. v. Estate of Robert Rankin, Sr.  
Date: May 18, 2017
Citation: 2015-CA-01066-SCT
Docket Number: 2015-CA-01066-SCT

Justia Opinion Summary: Former construction worker, Robert Lee Rankin Sr., sued American Optical Corporation (AO) alleging an injury of “lung disease and silica related conditions caused by exposure to respirable crystalline silica” while using...

Monica Ashbrook Darby and Andrew Ross Darby v. Harold Combs, Karron Combs and Crystal Johanna Combs
Date: May 18, 2017
Citation: 2015-CT-00793-SCT
The Petition for Review upon Writ of Certiorari filed by Monica Ashbrook Darby is granted. To Grant: Randolph, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Dickinson, P.J., Maxwell, Beam and Chamberlin, JJ. Order entered.
Glen Payton a/k/a Glenn Payton, Jr. a/k/a Glen Payton, Jr. a/k/a Glenn Payton v. State of Mississippi
Date: May 18, 2017
Citation: 2015-CT-00957-SCT
The Petition for Writ of Certiorari filed by Glen Payton, pro se, is denied. To Deny: All Justices. Order entered.
Mouton v. Mississippi  
Date: May 18, 2017
Citation: 2015-KA-01062-SCT
Docket Number: 2015-KA-01062-SCT

Justia Opinion Summary: There was no abuse of the trial court’s discretion in denying a mistrial, no was there an abuse of discretion in handling the discovery of a prosecution’s expert’s testimony. A grand jury indicted Jesse Mouton on four co...

Lenoir v. Mississippi  
Date: May 18, 2017
Citation: 2016-KA-00226-SCT
Docket Number: 2016-KA-00226-SCT

Justia Opinion Summary: Laterrence Lenoir was claimed to be one of the armed robbers captured on surveillance video. Under Rule 701, the trial judge was within his discretion to admit testimony from witnesses familiar with Lenoir that, in their...

Swanagan v.Mississippi  
Date: May 18, 2017
Citation: 2016-KA-00289-SCT
Docket Number: 2016-KA-00289-SCT

Justia Opinion Summary: Victoria Swanagan was convicted by a jury of the depraved-heart murder of Vincent Hill and was sentenced to twenty-five years in the custody of the Mississippi Department of Corrections (MDOC), with ten years suspended,...

In Re: Mississippi Rules of Evidence
Date: May 18, 2017
Citation: 89-R-99002-SCT
In Re: Justice Court Rules
Date: May 18, 2017
Citation: 89-R-99024-SCT
In Re: Uniform Rules of Circuit and County Court Practice
Date: May 18, 2017
Citation: 89-R-99025-SCT
In Re: Mississippi Rules of Appellate Procedure
Date: May 18, 2017
Citation: 89-R-99027-SCT
In Re: Mississippi Rules of Criminal Procedure
Date: May 18, 2017
Citation: 89-R-99038-SCT
Williams v. Mississippi  
Date: May 11, 2017
Citation: 2014-CT-01170-SCT
Docket Number: 2014-CT-01170-SCT

Justia Opinion Summary: After review of the facts of this case, the Mississippi Supreme Court concluded that Dillon Williams waived his right to sentencing by jury when he pled guilty to burglary and aggravated assault. For those crimes, a circ...

Hutto v. Mississippi  
Date: May 11, 2017
Citation: 2014-DP-00177-SCT
Docket Number: 2014-DP-00177-SCT

Justia Opinion Summary: A jury convicted James Hutto III of capital murder for the 2010 death of eighty-one-year-old Ethel Simpson. He received a death sentence. Hutto raised fourteen alleged errors on appeal. Finding none, the Mississippi Supr...

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi
Date: May 11, 2017
Citation: 2014-DR-01689-SCT
The Motion for Rehearing filed by the State of Mississippi is denied.
Tunica County v. Town of Tunica  
Date: May 11, 2017
Citation: 2015-CA-01183-SCT
Docket Number: 2015-CA-01183-SCT

Justia Opinion Summary: The Mississippi Supreme Court found that Tunica County failed to meet its burden of proof that Chapter Number 920, Local and Private Laws of 2004 (“House Bill 1002”) unconstitutional or otherwise unlawful. Tunica County...

Jane Doe v. Hallmark Partners, LP  
Date: May 11, 2017
Citation: 2015-CA-01655-SCT
Docket Number: 2015-CA-01655-SCT

Justia Opinion Summary: Arbitration is a contractual agreement between parties. And only agreed-upon arbitrable disputes are subject to arbitration. On de novo review, the Mississippi Supreme Court found in this case a valid arbitration agreeme...

Dale Patrick Miller v. Jessica Dawn Smith
Date: May 11, 2017
Citation: 2015-CT-00330-SCT
The Petition for Writ of Certiorari filed by Appellant is granted. To Grant: Waller, C.J., Dickinson, P.J., Coleman and Chamberlin, JJ. To Deny: Randolph, P.J., Kitchens, King, Maxwell and Beam, JJ. Order entered.
Lacy Dodd and Charles Dodd v. Dr. Randall Hines, Mississippi Reproductive Medicine, PLLC and Dr. Paul Seago
Date: May 11, 2017
Citation: 2015-CT-00334-SCT
The Petition for Writ of Certiorari filed by Dr. Paul Seago is granted. To Grant: Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny: Kitchens and King, JJ. Not Participating: Waller, C.J. Order entered.
Mary J. Archer v. Mitchell J. Creel
Date: May 11, 2017
Citation: 2015-CT-01079-SCT
The Petition for Writ of Certiorari filed by Mary J. Archer is denied. All Justices Agree. Order entered.
Thompson v. Mississippi Attorney General  
Date: May 11, 2017
Citation: 2015-EC-01526-SCT
Docket Number: 2015-EC-01526-SCT

Justia Opinion Summary: Once removed from office, a justice court judge may not return to it by reelection or otherwise Former Justice Court Judge Rickey Thompson challenged the Lee County Democratic Executive Committee’s decision to withhold h...

Nicky Alonzo Patterson a/k/a Nicholas v. State of Mississippi
Date: May 11, 2017
Citation: 2016-TS-01684
The appeal is dismissed. Costs, if any, must be assessed to Patterson. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. Disagree: Kitchens and King, JJ. Order entered.
Brown v. Mississippi  
Date: May 4, 2017
Citation: 2014-CT-00331-SCT
Docket Number: 2014-CT-00331-SCT

Justia Opinion Summary: A jury found Alvin Brown guilty of manslaughter and four counts of aggravated assault. The circuit court sentenced Brown to twenty years in the custody of the Mississippi Department of Corrections for manslaughter and te...

Jessie T. Beal a/k/a Jessie Beal v. State of Mississippi
Date: May 4, 2017
Citation: 2015-CP-00498-SCT
Jessie T. Beal's Petition for Writ of Certiorari is dismissed. Agree: All Justices. Order entered.
Andrew Acie Adams a/k/a Andrew Adams v. State of Mississippi
Date: May 4, 2017
Citation: 2015-CT-00520-SCT
The Petition for Writ of Certiorari filed by Andrew Acie Adams is denied. To Deny: All Justices. Order entered.
The Mississippi Bar v. Jack Parsons
Date: May 4, 2017
Citation: 2016-BA-00213-SCT
William Chad Wigington v. Laura McCalop
Date: May 4, 2017
Citation: 2016-CA-00875-SCT
This matter comes before the Court, en banc, on the Court's own motion to determine if the record in this appeal should remain sealed. After due consideration, we find that counsel for the parties shall submit briefs, not to exceed fifteen (15) pages, with this Court, within fourteen (14) days of entry of this order, to show cause, if any, why this matter should or should not remain confidential to the public. All Justices Agree. Order entered.
Abdrabbo v. Johnson  
Date: May 4, 2017
Citation: 2016-IA-00571-SCT
Docket Number: 2016-IA-00571-SCT

Justia Opinion Summary: The issue this medical-malpractice suit presented for the Supreme Court's review of Dr. Fawaz Abdraddo’s and Hinds Behavioral Health Services’ interlocutory appeal was whether the trial court erred in denying defendants'...

Laterrence Lenoir a/k/a Laterrence A. Lenoir a/k/a Laterrence Awson Lenoir v. State of Mississippi
Date: May 4, 2017
Citation: 2016-KA-00431-SCT
The Motion for Rehearing filed by Appellant is denied.
Ricky W. Ward v. Dorothy Winston Colom
Date: May 4, 2017
Citation: 2016-M-01072
The Attorney General, the Petitioners, and the Chancery Court Judges of the 14th Judicial District are directed to file briefs, due on the following schedule: Within thirty days of the date of this order, the Attorney General shall file its brief, not to exceed twenty-five pages within thirty days of the service of the Attorney General's brief, the Petitioner and the Chancery Court Judges of the 14th Judicial District shall each file a brief responding to the Attorney General's brief, not to exceed twenty-five pages within fourteen days of the service of the responsive briefs, the Attorney General may file a reply brief, not to exceed ten pages. Also within fourteen days of the service of the responsive briefs, any amicus curiae may file a brief, not to exceed twenty-five pages. The Clerk of this Court shall send a copy of this order to the Attorney General, the Petitioner, the Chancery Court Judges of the 14th Judicial District, the Mississippi Conference of Chancery Judges, the Mississippi Conference of Circuit Court Judges, and the Mississippi Conference of County Court Judges. Order entered 4/26/17.
Daniel J. Williams a/k/a Daniel Jay Williams v. State of Mississippi
Date: May 4, 2017
Citation: 2016-TS-01336
The Motion for Application to Leave with the Supreme Court filed pro se by Appellant is denied. All Justices Agree. Order entered.
Aundrea Robinson v. Martin Food Stores, Inc. d/b/a Sunflower Food Stores of Magnolia
Date: April 27, 2017
Citation: 2014-CT-01457-SCT
The Petition for Writ of Certiorari filed by Aundrea Robinson is granted. To Grant: All Justices. Order entered.
Watkins Development, LLC and David Watkins, Sr. v. C. Delbert Hosemann, Jr., in his Official Capacity as Mississippi Secretary of State
Date: April 27, 2017
Citation: 2014-CT-01657-SCT
The Motion for Rehearing filed by Appellants is denied. Waller, C.J., and Chamberlin, J., not participating.
Daniel S. Fillingame v. Mississippi State Fire Academy, a Division of Mississippi Insurance Department, State of Mississippi, Reggie Bell and Daniel Cross
Date: April 27, 2017
Citation: 2014-CT-01830-SCT
The Petition for Writ of Certiorari filed pro se by Daniel S. Fillingame is denied. To Deny: All Justices. Order entered.
Michael Drankus a/k/a Michael F. Drankus v. Mississippi Parole Board
Date: April 27, 2017
Citation: 2015-CP-01049-SCT
The Motion for Rehearing filed by Appellant is denied.
Ceasar Johnson, III a/k/a Cee Cee v. State of Mississippi
Date: April 27, 2017
Citation: 2015-KA-00853-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant.
Routh v. Mississippi  
Date: April 27, 2017
Citation: 2016-KM-00546-SCT
Docket Number: 2016-KM-00546-SCT

Justia Opinion Summary: The Mississippi Supreme Court concluded that the trial court record in this case supported a criminal-contempt finding beyond a reasonable doubt. Christopher Scott Routh was found in direct criminal contempt after he dis...

In Re: Uniform Chancery Court Rules
Date: April 27, 2017
Citation: 89-R-99006-SCT
The letter motion filed by the Mississippi Access to Justice Commission is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>
Smith v. Martin  
Date: April 20, 2017
Citation: 2014-CT-00040-SCT
Docket Number: 2014-CT-00040-SCT

Justia Opinion Summary: Milton and Geneva Martin sought grandparent visitation with their two grandsons after they were denied visitation by Kimberly and Brandon Smith, the children’s biological mother and adoptive father. Marty Martin, the chi...

Deliah Colyer, as Natural Mother and Next Friend of Marshuan Braxton, Deceased, and on behalf of all Wrongful Death Beneficiaries of Marshuan Braxton, Deceased v. First United Methodist Church of New Albany and John Does 1-15
Date: April 20, 2017
Citation: 2014-CT-01636-COA
The Motion to Dismiss Appeal is granted in part and denied in part. The Petition for Writ of Certiorari is dismissed without prejudice to the Church's right to seek enforcement of the settlement in the trial court. All Justices Agree. Order entered.
A. Randall Harris v. State of Mississippi
Date: April 20, 2017
Citation: 2015-CA-01193-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant. Waller, C.J., not participating.
Douglas Michael Long, Jr. v. David J. Vitkauskas
Date: April 20, 2017
Citation: 2015-CT-00527-SCT
The Petition for Writ of Certiorari filed by Douglas Michael Long, Jr., is granted. To Grant: Waller, C.J., Randolph, P.J., Kitchens, King, Coleman and Beam, JJ. To Deny: Dickinson, P.J., and Maxwell, J. Not Participating: Chamberlin, J. Order entered.
Ryan Savinell a/k/a Ryan Anthony Savinell v. State of Mississippi
Date: April 20, 2017
Citation: 2015-CT-01262-COA
The Petition for Writ of Certiorari filed by Ryan Savinell is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Chamberlin, J. Order entered.
Victor Sims a/k/a Victor L. Sims a/k/a Victor Lavino Sims v. State of Mississippi
Date: April 20, 2017
Citation: 2015-CT-01311-COA
The Petition for Writ of Certiorari filed pro se by Victor Sims is denied. To Deny: All Justices. Order entered.
The Mississippi Bar v. Yvonne L. Hughes
Date: April 20, 2017
Citation: 2016-BD-00677-SCT
The Mississippi Bar shall show cause in writing, if any it can, why the Formal Complaint should not be dismissed without prejudice due to insufficient service of process under Mississippi Rule of Discipline 16. The Bar shall show cause, if any it can, why Yvonne L. Hughes has not been suspended for nonpayment of Mississippi bar enrollment fees. See Miss. Code Ann. 73-3-127 (Rev. 2012). The Mississippi Bar's response shall be filed within fourteen days of the entry of this order. Order entered 4/12/17.</ul><br><hr>
The Mississippi Bar v. David E. Hudgens
Date: April 20, 2017
Citation: 2016-BD-01590-SCT
Miss. Com'm on Judicial Performance v. Roberts  
Date: April 20, 2017
Citation: 2016-JP-00927-SCT
Docket Number: 2016-JP-00927-SCT

Justia Opinion Summary: The Mississippi Commission on Judicial Performance charged Montgomery County Justice Court Judge Keith Roberts with misconduct for failing to follow the law in a case before him. Because the Supreme Court found that Judg...

Miss. Com'm on Judicial Performance v. Vess  
Date: April 20, 2017
Citation: 2016-JP-01098-SCT
Docket Number: 2016-JP-01098-SCT

Justia Opinion Summary: The Mississippi Commission on Judicial Performance filed a Formal Complaint charging Charles Vess, Justice Court Judge, South District, Adams County, with willful misconduct in office and conduct prejudicial to the admin...

Kenderrick Phillips v. State of Mississippi
Date: April 20, 2017
Citation: 2016-KA-00890-SCT
King, J. Disposition: Per Curiam Affirmance. Bolivar County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.
Leslie Galloway, III a/k/a Leslie Galloway a/k/a Leslie "Bo" Galloway, III v. State of Mississippi
Date: April 13, 2017
Citation: 2013-DR-01796-SCT
This matter is before the Court, en banc, on the Court's own motion to lift the stay in this case. Within ninety (90) days of the entry of this order, the Circuit Court of Jackson County shall conduct the necessary hearings on all pending matters related to Leslie Galloway's 2007 car-jacking post-conviction proceedings and enter its final disposition or show cause why this deadline cannot be complied with. Upon entry of the circuit court's final disposition, a copy shall be filed with the Clerk of this Court. Within ninety (90) days of the entry of this order, the Circuit Court of the First Judicial District of Harrison County shall conduct a hearing on Leslie Galloway's pending discovery matters and enter a final disposition or show cause why this deadline cannot be complied with. Upon entry of the circuit court's final disposition, a copy shall be filed with the Clerk of this Court. Agree with this Order: All Justices. Order entered.
Mississippi Dept.of Corrections v. Roderick & Solange MacArthur Justice Center  
Date: April 13, 2017
Citation: 2015-CA-00431-SCT
Docket Number: 2015-CA-00431-SCT

Justia Opinion Summary: The Mississippi Department of Corrections (MDOC) appealed the Chancery Court’s order granting the Roderick & Solange MacArthur Justice Center’s (Justice Center’s) complaint for declaratory judgment, deeming MDOC in viola...

Walter Poole, Jr. v. William H. Walton
Date: April 13, 2017
Citation: 2015-CT-00604-SCT
The Petition for Writ of Certiorari filed by Walter Poole, Jr., pro se, is denied. To Deny: All Justices. Order entered.
Amos Hicks v. State of Mississippi
Date: April 13, 2017
Citation: 2015-CT-00765-SCT
The Petition for Writ of Certiorari filed by Amos Hicks, pro se, is denied. To Deny: All Justices. Order entered.
Winfred Forkner a/k/a Winfred Folkner a/k/a "Wimp" v. State of Mississippi
Date: April 13, 2017
Citation: 2015-CT-01142-SCT
The Petition for Writ of Certiorari filed by Winfred Forkner, pro se, is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens and King, JJ. To Deny: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Order entered.
Madison HMA, Inc. d/b/a Madison County Medical Center d/b/a Madison River Oaks Medical Center v. Janiya Morris and Richard Courtney
Date: April 13, 2017
Citation: 2016-M-01505-SCT
The Petition for Interlocutory Appeal is granted in part. The notice of appeal of the Madison County Circuit Court's September 30, 2016 Order to Deny Motion of Defendant Madison HMA, Inc., d/b/a Madison County Medical Center for Partial Summary Judgment on Plaintiff's Claim of Nursing Negligence for Failure to Implement Chain of Command is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed under Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. The trial court proceedings in the underlying matter are stayed pending appeal. Disagrees: Kitchens and King, JJ. Order entered.
In Re: Mississippi Commission on Guardianship and Conservatorship
Date: April 13, 2017
Citation: 89-R-99043
The Court hereby establishes the Mississippi Commission on Guardianship and Conservatorship and charges it with making recommendations for developing a statewide, comprehensive approach to improving the processes which establish and manage guardianships of the person and guardianships of the estate modernizing the guardianship process through active court monitoring and oversight and promoting transparency of the guardianship process to protect individual rights. Justice Dawn H. Beam and Randy G. Pierce, Director of the Mississippi Judicial College, shall serve as Co-Chairs of the Commission. The Commission shall operate through three sub-committees focused on the following: Guardianship of the Person - Adult, Guardianship of the Person - Child, and Guardianship of the Estate. Each eight member committee shall be chaired by at least one chancellor and served by at least five practitioners or experts in the field, as designated by the Commission Co-Chairs. Expenses incurred by the Commission will be reviewed by the Administrative Office of Courts and reimbursed through appropriations made to that department. Appointed members of the Commission can be found in the order handed down this date. The term of service for each member of the Commission shall be three years from the date of this order, unless terminated sooner by resignation or further order of this Court. Order entered. </ul><br><hr>
Jamie Danielle Carpenter a/k/a Jamie Carpenter v. State of Mississippi
Date: April 6, 2017
Citation: 2014-CT-01573-SCT
The Petition for Writ of Certiorari filed by Jamie Danielle Carpenter is denied. To Deny: All Justices. Order entered.
In the Matter of the Enlargement & Extension of the Municipal Boundaries of the Town of Terry  
Date: April 6, 2017
Citation: 2015-AN-01611-SCT
Docket Number: 2015-AN-01611-SCT

Justia Opinion Summary: The Town of Terry sought to annex five territories adjacent to the existing Town: Territory 1 to the north, Territory 2 to the west, Territory 3 to the east, Territory 4 to the northeast, and Territory 5 to the south. Th...

Swarek v. Derr Plantation, Inc.  
Date: April 6, 2017
Citation: 2015-CA-00871-SCT
Docket Number: 2015-CA-00871-SCT

Justia Opinion Summary: Thomas L. Swarek and Thomas A. Swarek (father and son) appealed a Chancery Court’s finding that no binding enforceable contract existed between the Swareks and Derr Plantation, Inc. (DPI) for the lease and purchase and s...

Dillon v. Myers  
Date: April 6, 2017
Citation: 2015-EC-01677-SCT
Docket Number: 2015-EC-01677-SCT

Justia Opinion Summary: Tasha Dillon contested the results of the August 4, 2015, Democratic primary for Mississippi House of Representatives (“House”) District 98. The Pike County Circuit Court dismissed the case for lack of subject-matter jur...

Weill v. Bailey  
Date: April 6, 2017
Citation: 2015-IA-01379-SCT
Docket Number: 2015-IA-01379-SCT

Justia Opinion Summary: Karla Bailey, former court administrator to Hinds County Circuit Court Judge Jeffrey A. Weill Sr., filed a complaint against Judge Weill in his individual capacity, alleging that he had committed libel against her. Baile...

Douglas Walters a/k/a Douglas Howard Walters v. State of Mississippi
Date: April 6, 2017
Citation: 2015-KA-01332-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., and Kitchens, J., would grant.
Charles Barr v. State of Mississippi
Date: April 6, 2017
Citation: 2015-TS-00132
Charles Barr seeks reconsideration of the Court's dismissal of his appeal or its denial of his motion to re-open the time for appeal as untimely. The Petition for Writ of Certiorari filed by Charles Barr is dismissed. Order entered.
The Mississippi Bar v. Ivon Johnson
Date: April 6, 2017
Citation: 2016-BD-01383-SCT
In re Estate of Lyons  
Date: April 6, 2017
Citation: 2016-IA-00133-SCT
Docket Number: 2016-IA-00133-SCT

Justia Opinion Summary: The issue presented by this interlocutory appeal arose out of a will contest between the testator’s brother, Larry Lyons, and her nephew, Anthony Lobred. Larry filed a motion to strike the deposition testimony of Dr. Lar...

In Re: Rules Governing Admission to The Mississippi Bar
Date: April 6, 2017
Citation: 89-R-99012-SCT
Effective July 1, 2016, members of the Mississippi Board of Bar Admissions who choose to participate in the grading of the essay portions (MSE, MEE, and/or MPT) of the Mississippi Bar Examination as prescribed by Rule IX, Section 8-Grading of the Examination, of the Rules Governing Admission to the Mississippi Bar shall be compensated at the rate of $7.00 per booklet for the review and grading of each examinee essay test booklet and the Clerk of this Court shall forward a copy of this order to each member of the Mississippi Board of Bar Admissions, the Bar Admissions Administrator, and Kevin Lackey, the Director of the Administrative Office of Courts and ex officio Executive Director of the Mississippi Board of Bar Admissions. All Justices Agree. Order entered 03/31/17.</ul><br><hr>
In the Matter of the Estate of Joe Howard Estes, Deceased: Greg Estes and Jeff Estes v. Sarah Estes
Date: March 30, 2017
Citation: 2011-CT-01451-SCT
The Petition for Writ of Certiorari filed by Sarah Young Estes is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Coleman, Beam and Chamberlin, JJ. To Deny: Randolph, P.J., and King, J. Not Participating: Maxwell, J. Order entered.
Mississippi Department of Audit, Stacey Pickering, Jim Hood, Chris Lott, David Huggins, Melissa C. Patterson, Joseph A. Runnels, Jr., Sandra R. Chestnut and Harold E. Pizzetta, III v. Gulf Publishing Company, Inc.
Date: March 30, 2017
Citation: 2013-CT-02002-SCT
On the Court's own motion, the parties shall file their simultaneous supplemental briefs within sixty days of the entry of this order. Kitchens and Maxwell, JJ., not participating. Order entered.
William Michael Jordan a/k/a Booty v. State of Mississippi
Date: March 30, 2017
Citation: 2014-CT-00615-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant. Maxwell, J., not participating.
Ellis Turnage v. Ellis Christopher Brooks, a Minor, and Alex Jarrett Brooks, a Minor, by Mary Brooks, Mother and Adult Next Friend
Date: March 30, 2017
Citation: 2014-CT-00966-SCT
Ellis Turnage's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Kitchens, J. Order entered.
Greg Estes and Jeff Estes, Co-Executors of the Estate of Joe Howard Estes, Deceased v. Sarah Young Estes
Date: March 30, 2017
Citation: 2014-CT-01533-SCT
The Petition for Writ of Certiorari filed by Sarah Young Estes is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Coleman, Beam and Chamberlin, JJ. To Deny: Randolph, P.J., and King, J. Not Participating: Maxwell, J. Order entered.
Kuljis v. Winn-Dixie Montgomery, LLC  
Date: March 30, 2017
Citation: 2015-CT-00256-SCT
Docket Number: 2015-CT-00256-SCT

Justia Opinion Summary: Cynthia Kuljis appealed the chancery court’s dismissal of her Bill of Discovery for lack of subject-matter jurisdiction. The Bill sought discovery related to a prospective premises liability and personal-injury claim. Fi...

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi, Mississippi Parole Board
Date: March 30, 2017
Citation: 2015-CT-00713-SCT
The mandate issued on January 31, 2017, shall be recalled and the Petition for Writ of Certiorari filed by Patrick Fluker, pro se, shall be considered on its merits. The Petition for Writ of Certiorari filed by Patrick Fluker, pro se, is denied. To Deny: All Justices. Order entered.
Vincent N. Creppel a/k/a Vincent Nicholas Creppel a/k/a Vincent Creppel v. State of Mississippi
Date: March 30, 2017
Citation: 2015-CT-01188-SCT
The Petition for Writ of Certiorari filed by Vincent N. Creppel is denied. All Justices Agree. Order entered.
Baptist Memorial Hospital-Desoto, Inc. v. Mississippi Dept. of Health  
Date: March 30, 2017
Citation: 2015-SA-01464-SCT
Docket Number: 2015-SA-01464-SCT

Justia Opinion Summary: Citing the 2014 State Health Plan, Methodist Healthcare - Olive Branch Hospital (Methodist) applied for a certificate of need (CON) - seeking approval to perform percutaneous coronary intervention(s), at its Olive Branch...

Smith v. Kansas City Southern Railway Company  
Date: March 30, 2017
Citation: 2016-IA-00031-SCT
Docket Number: 2016-IA-00031-SCT

Justia Opinion Summary: The issue this interlocutory appeal presented for the Supreme Court's review was whether, pursuant to Mississippi’s venue statute, a corporation may have only one national principal place of business or may have a princi...

Herman Grant Co., Inc. v. Washington  
Date: March 30, 2017
Citation: 2016-IA-00392-SCT
Docket Number: 2016-IA-00392-SCT

Justia Opinion Summary: Herman Grant Company (“Herman Grant”) filed an interlocutory appeal, asking the Mississippi Supreme Court to determine if the Circuit Court of the First Judicial District of Jasper County abused its discretion by denying...

Pascagoula-Gautier School District, formerly known as Pascagoula School District and City of Pascagoula, Mississippi v. Board of Supervisors of Jackson County, Mississippi
Date: March 23, 2017
Citation: 2014-CA-01774-SCT
Before the Court en banc, the Appellee's Motion for Leave to file Reply in Support of Motion for Rehearing is denied. The Motion to Strike and Deny Appellee's Motion for Leave to file Reply in Support of Motion for Rehearing and Strike Exhibit "A" Reply Brief is granted. The reply is stricken from the record. Not Participating: Chamberlin, J. Order entered.
Jeycob England v. State of Mississippi
Date: March 23, 2017
Citation: 2014-CT-00048-SCT
The Petition for Writ of Certiorari filed by Jeycob England was granted by order of the Court signed on November 16, 2016. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. The writ of certiorari is dismissed on the Court's own motion. Waller, C.J., not participating. Dickinson, P.J., for the Court. Order entered.
Darrell Letease Ford a/k/a Darrell Latease Ford a/k/a Darrell L. Ford a/k/a Darrell Ford v. State of Mississippi
Date: March 23, 2017
Citation: 2014-CT-01814-SCT
The Petition for Writ of Certiorari filed pro se by Darrell Letease Ford is denied. To Deny: All Justices. Order entered.
Kimberlee Davenport v. Hansaworld, USA, Inc.
Date: March 23, 2017
Citation: 2015-CA-01164-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.
Estate of Richard B. Davis, by and through its Executrix, Janice Y. Davis v. Darrell N. Blaylock, MD d/b/a Blaylock Medical Clinic, LLC
Date: March 23, 2017
Citation: 2015-CA-01423-SCT
The Motion for Rehearing filed by Appellant is denied. Randolph, P.J., King and Chamberlin, JJ., not participating.
Estate of Richard B. Davis By and Through its Executrix Janice Y. Davis v. Delta Regional Medical Center
Date: March 23, 2017
Citation: 2015-CA-01425-SCT
The Motion for Rehearing filed by Appellant is denied. Randolph, P.J., King and Chamberlin, JJ., not participating.
Estate of Richard B. Davis, by and through its Executrix, Janice Y. Davis v. Delta Regional Medical Center
Date: March 23, 2017
Citation: 2015-CA-01427-SCT
The Motion for Rehearing filed by Appellant is denied. Randolph, P.J., King and Chamberlin, JJ., not participating.
Arvin D. Rochell a/k/a Arvin Dale Rochell v. State of Mississippi
Date: March 23, 2017
Citation: 2015-CP-01151-SCT
The Motion for Rehearing filed by Appellant is denied. Chamberlin, J., not participating.
Pioneer Community Hospital of Newton v. Roberts  
Date: March 23, 2017
Citation: 2015-IA-01874-SCT
Docket Number: 2015-IA-01874-SCT

Justia Opinion Summary: The issue this case presented for the Mississippi Supreme Court’s review centered on the interplay between the wrongful-death statute and the minors savings clause. In 1999, the Court held “[t]here is no question now tha...

Wilcher v. Mississippi  
Date: March 23, 2017
Citation: 2015-KA-01008-SCT
Docket Number: 2015-KA-01008-SCT

Justia Opinion Summary: Janice Wilcher appealed her conviction for retaliation against a public servant for making a false representation of rape against Deputy Michael Townsend of the Scott County Sheriff’s Department. Wilcher claimed Section...

Jackson v. Mississippi  
Date: March 16, 2017
Citation: 2015-CT-00521-SCT
Docket Number: 2015-CT-00521-SCT

Justia Opinion Summary: Pro se appellant David Jackson appealed the Circuit Court’s denial of his Motion for Transcripts and Records. The Court of Appeals dismissed Jackson’s appeal for lack of jurisdiction. On certiorari review, the Supreme Co...

Shelton v. Mississippi  
Date: March 16, 2017
Citation: 2015-KA-01274-SCT
Docket Number: 2015-KA-01274-SCT

Justia Opinion Summary: Tameshia Shelton was convicted by jury of the murder of Daniel Young. After the trial, Shelton filed a motion for judgment notwithstanding the verdict or in the alternative for a new trial. The trial court denied the mot...

Wayne County School District v. Morgan  
Date: March 16, 2017
Citation: 2015-SA-01363-SCT
Docket Number: 2015-SA-01363-SCT

Justia Opinion Summary: After the Mississippi Supreme Court held in "Jones County School District v. Mississippi Department of Revenue," (111 So. 3d 588 (Miss. 2013)), that a school district was not liable for oil and gas severance taxes on roy...

State Farm Fire & Casualty Company v. State of Mississippi ex rel. Jim Hood, Attorney General for the State of Mississippi
Date: March 16, 2017
Citation: 2016-M-01758-SCT
The Petition of State Farm Fire and Casualty Company for Permission to Appeal from Interlocutory Order is denied. The stay entered on January 25, 2017, is lifted. To Deny: Randolph, P.J., Kitchens, King, Beam and Chamberlin, JJ. To Grant and Remand: Waller, C.J., Dickinson, P.J., and Maxwell, J. Not Participating: Coleman, J. Order entered.
David W. Parvin a/k/a David Woodrow Parvin v. State of Mississippi
Date: March 9, 2017
Citation: 2014-CT-00466-SCT
The Petition for Writ of Certiorari filed by David W. Parvin is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Maxwell, Beam and Chamberlin, JJ. To Grant: King and Coleman, JJ. Order entered.
Scotty B. Lyles a/k/a Scotty Lyles v. State of Mississippi
Date: March 9, 2017
Citation: 2014-CT-01345-SCT
The Petition for Writ of Certiorari filed pro se by Scotty B. Lyles is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens and King, JJ. Order entered.
Spore v. Mississippi  
Date: March 9, 2017
Citation: 2015-CA-01195-SCT
Docket Number: 2015-CA-01195-SCT

Justia Opinion Summary: Hinds County Assistant Public Defender attorney Greg Spore appealed the order finding him in direct criminal contempt by Judge Jeff Weill Sr. of the Hinds County Circuit Court for displaying willful, contemptuous behavio...

Ground Control, LLC v. Capsco Industries, Inc.  
Date: March 9, 2017
Citation: 2015-CA-01405-SCT
Docket Number: 2015-CA-01405-SCT

Justia Opinion Summary: When this case came before the Mississippi Supreme Court on interlocutory appeal, the Court reversed in part. Because it was undisputed that neither sub-subcontractor Ground Control, LLC nor subcontractor Capsco Industri...

Rylee v. Progressive Gulf Insurance Co.  
Date: March 9, 2017
Citation: 2015-CA-01572-SCT
Docket Number: 2015-CA-01572-SCT

Justia Opinion Summary: Beth Rylee’s husband, Richard Rylee, was injured in a motorcycle accident. After the Rylees received the full "each person" policy limit for damages resulting from Richard’s bodily injury, the Rylees sued their two insur...

Mario Rucker a/k/a Mario Terrell Rucker v. State of Mississippi
Date: March 9, 2017
Citation: 2015-CT-00147-SCT
The Petition for Writ of Certiorari filed by Mario Rucker is denied. To Deny: All Justices. Order entered.
Andre Doss a/k/a Andre L. Doss a/k/a "Dre" v. State of Mississippi
Date: March 9, 2017
Citation: 2015-CT-00756-SCT
Andre Doss's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.
Mark Wetzel v. Richard H. Sears
Date: March 9, 2017
Citation: 2015-CT-00903-SCT
Mark Wetzel's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Kelvin Jordan a/k/a Kelvin L. Jordan v. State of Mississippi
Date: March 9, 2017
Citation: 2015-DR-01082-SCT
The Motion for Rehearing filed by Appellant is denied. Chamberlin, J., not participating.
Martin v. Mississippi  
Date: March 9, 2017
Citation: 2015-KA-00901-SCT
Docket Number: 2015-KA-00901-SCT

Justia Opinion Summary: Eugene Martin was convicted of shooting into a dwelling and sentenced as a habitual offender under Section 99-19-81. He claimed one of his two prior qualifying felony convictions resulted in a sentence of less than one y...

Justin Crockett a/k/a Justin Randle Crockett a/k/a Justin R. Crockett v. State of Mississippi
Date: March 9, 2017
Citation: 2015-KM-00828-SCT
The Motion for Rehearing filed by Appellant is denied. Chamberlin, J., not participating.
Floyd B. Austin, Marcus B. Austin, AA Food Services, Inc., Austin & Associates Services, Inc., Austin & Associates, Inc., M & M Contract Management, Inc., Meridian Food Services, LLC, Big A Auto Sales, Inc., Floyd Austin Properties, LLC, Austin Irrevocable Trust, Floyd B. Austin d/b/a Floyd B. Austin Food Service, PKA Services, Inc., Floyd B. Austin f/k/a PKA Services, Inc., Floyd B. Austin d/b/a Austin Farms v. Pamela K. Austin
Date: March 2, 2017
Citation: 2013-CA-02015-SCT
Randolph, P.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.
Charles Ray Crawford a/k/a Crawford, Chuck a/k/a Charles Crawford v. Marshall L. Fisher, Commissioner, Mississippi Department of Corrections, in his Official Capacity; Earnest Lee, Superintendent, Mississippi State Penitentiary, in his Official Capacity; the Mississippi State Executioner, in his Official Capacity; and Unknown Executioners, in their Official Capacities
Date: March 2, 2017
Citation: 2014-CA-01606-SCT
The Motion for Rehearing filed by Appellees is denied. Waller, C.J., Randolph, P.J., and Maxwell, J., would grant. Chamberlin, J., not participating.
Carl Lee Jordan v. State of Mississippi
Date: March 2, 2017
Citation: 2014-CT-00489-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell and Chamberlin, JJ. To Grant: Randolph, P.J., and Beam, J. Order entered.
Carol Gray v. Dimitrios Dimitriades, M.D., Memorial Hospital at Gulfport and Todd Frieze, M.D.
Date: March 2, 2017
Citation: 2014-CT-01106-SCT
The Petition for Writ of Certiorari filed by counsel for Carol Gray is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, King and Coleman, JJ. Not Participating: Dickinson, P.J. Order entered.
David Shanklin a/k/a David E. Shanklin v. State of Mississippi
Date: March 2, 2017
Citation: 2014-CT-01654-SCT
The Petition for Writ of Certiorari filed by counsel for David Shanklin is denied. To Deny: All Justices. Order entered.
Watkins Development, LLC v. Hosemann  
Date: March 2, 2017
Citation: 2014-CT-01657-SCT
Docket Number: 2014-CT-01657-SCT

Justia Opinion Summary: The Mississippi Secretary of State found that David Watkins and Watkins Development, LLC, committed four securities-fraud violations in connection with revenue bonds sold to finance a renovation project at the Metrocente...

TRK, LLC v. Myles  
Date: March 2, 2017
Citation: 2014-IA-00854-SCT
Docket Number: 2014-IA-00854-SCT

Justia Opinion Summary: After Enrique Myles’s death, his mother, Vivian Myles. filed this wrongful-death suit. Later, the parties became aware Enrique was survived by a minor child, LJW. Rather than dismissing the case for lack of standing, as...

Hartley v. Watts  
Date: March 2, 2017
Citation: 2015-CA-00217-SCT
Docket Number: 2015-CA-00217-SCT

Justia Opinion Summary: Frank Hartley Jr. appealed the final judgment of the Chancery Court terminating his parental rights to his two biological children, A.B. and B.H., and granting an adoption to John D. and Lenita S. Watts. Finding that the...

City of Pearl, Mississippi v. Homewood Company, L.L.C
Date: March 2, 2017
Citation: 2015-CA-01469-SCT
King, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.
Hosan M. Azomani a/k/a Hosan Azomani a/k/a Hosan Menanya Azomani a/k/a Dr. Azomani a/k/a Hosan Azomani M.D. a/k/a Dr. Hosan M. Azomani v. State of Mississippi
Date: March 2, 2017
Citation: 2015-CT-00050-SCT
The Petition for Writ of Certiorari filed by Hosan M. Azomani is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Coleman, Beam and Chamberlin, JJ. To Deny: Randolph, P.J., and Maxwell, J. Not Participating: King, J. Order entered.
Roberts Company, Inc. v. Moore  
Date: March 2, 2017
Citation: 2015-IA-00999-SCT
Docket Number: 2015-IA-00999-SCT

Justia Opinion Summary: In 1989, Marcus Moore slipped and fell in a grocery store owned by the defendant, Roberts Company, Inc. (“RCI”). Moore was three years old at the time, and he allegedly struck his head when he fell. After he reached the...

Hales v. Mississippi  
Date: March 2, 2017
Citation: 2015-KA-01776-SCT
Docket Number: 2015-KA-01776-SCT

Justia Opinion Summary: Sam Hales was convicted and sentenced to serve a term of twenty-five years in the custody of the Mississippi Department of Corrections (MDOC) for one count of sexual battery and fifteen years for one count of touching a...

Cellular South, Inc. v. BellSouth Telecommunications, LLC  
Date: March 2, 2017
Citation: 2016-CA-00034-SCT
Docket Number: 2016-CA-00034-SCT

Justia Opinion Summary: In February 2006, BellSouth Telecommunications, Inc., and BellSouth MNS, Inc., filed an ex parte motion for a protective order in the Chancery Court, seeking to protect certain documents. The documents fell into the foll...

Robinson v. Morgan  
Date: March 2, 2017
Citation: 2016-CA-00549-SCT
Docket Number: 2016-CA-00549-SCT

Justia Opinion Summary: Before January 1, 2015,Mississippi Code Section 27-77-7 required taxpayers wishing to appeal tax assessments affirmed by the Board of Tax Appeals to post surety bonds for half the assessed taxes or pay the taxes under pr...

Lenoir v. Mississippi  
Date: March 2, 2017
Citation: 2016-KA-00431-SCT
Docket Number: 2016-KA-00431-SCT

Justia Opinion Summary: A jury convicted Laterrence Lenoir of two counts of armed robbery and one count of conspiracy to commit armed robbery. Lenoir appealed, arguing the jury had insufficient evidence to determine that he committed the crime...

William LaForge v. William (Bill) Hays
Date: March 2, 2017
Citation: 2016-M-00776-SCT
The Petition for Interlocutory Appeal filed by counsel for William LaForge is denied. The Motion to Strike Superfluous Documents is dismissed as moot. Agree with this order: All Justices. Order entered.
Lakeland Nursing and Rehabilitation, LLC, Brittany Spann, LPN, Mary McGowan, LPN and Barbara Scott, LPN v. Patsy Wood, Individually, as Administratrix of The Estate of Patricia Bridgeman Peoples, Deceased, Natural Daughter and Wrongful Death Beneficiary of Patricia Bridgeman Peoples; Sandra Kay Madison, Natural Daughter and Wrongful Death Beneficiary of Patricia Bridgeman Peoples; and Samuel Peoples, Natural Son and Wrongful Death Beneficiary of Patricia Bridgeman Peoples
Date: March 2, 2017
Citation: 2016-M-01024-SCT
The Petition for Interlocutory Appeal of orders Denying Motions to Dismiss and Request for Stay is granted only as to the trial court's "Order Denying Defendants' Brittany Spann, L.P.N. Mary McGowan, L.P.N. Patricia Rhodes, L.P.N. and Barbara Scott, L.P.N. Motions to Dismiss." The Notice of Appeal is deemed to have been filed and the filing fee is due and payable to the Clerk of this Court within ten (10) days of the entry of this order. The appeal shall proceed in accordance with M.R.A.P. 10 and 11, and all trial court proceedings pertaining to Brittany Spann, Mary McGowan, Patricia Rhodes, and Barbara Scott are stayed pending this Court's disposition of the appeal. The Petition for Interlocutory Appeal of Orders Denying Motions to Dismiss and Request for Stay is denied as to the trial court's "Order Denying Defendant's, Lakeland Nursing and Rehabilitation Center, LLC, Motion to Dismiss." The matter of staying trial court proceedings against Lakeland Nursing and Rehabilitation Center, LLC, shall be decided by the trial court. To Grant in Part and Deny in Part as ordered: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell and Chamberlin, JJ. To Deny in Toto: Kitchens and King, JJ. Not Participating: Beam, J. Order entered.
Richard Birkhead a/k/a Richard Earl Birkhead v. State of Mississippi
Date: February 23, 2017
Citation: 2013-M-00330
Vince Hardaway v. Howard Industries, Inc. and Corvel Enterprise Comp. Inc. f/k/a Safety Risk Services
Date: February 23, 2017
Citation: 2014-CT-01790-SCT
Howard Industries, Inc.'s Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Tommie McCray v. Howard Industries, Inc.
Date: February 23, 2017
Citation: 2014-CT-01792-SCT
Howard Industries, Inc.'s Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Cynthia Johnson v. City of Jackson, Mississippi
Date: February 23, 2017
Citation: 2015-CT-00946-SCT
Cynthia Johnson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Randolph, P.J. Order entered.
Jeremy Flynn v. Michael Bland and Vickey Bland
Date: February 23, 2017
Citation: 2015-CT-01283-SCT
The Petition for Writ of Certiorari filed by Jeremy Flynn is denied. To Deny: All Justices. Order entered.
Dwaliues Deon Carter a/k/a Dwaliues D. Carter a/k/a Dwaliues Carter a/k/a Dwaliue Deon Carter a/k/a Dwalieu Deon Carter a/k/a Deon Carter a/k/a Dwalie Carter v. State of Mississippi
Date: February 16, 2017
Citation: 2013-CT-01927-SCT
The Petition for Writ of Certiorari filed by Dwaliues Deon Carter is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J. Order entered.
Robert Carson a/k/a Bay Bay v. State of Mississippi
Date: February 16, 2017
Citation: 2013-KA-02011-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant. Chamberlin, J., not participating.
Estate of Rose Greer, Deceased: John Oaks a/k/a John Oakes v. Linda Greer Ball
Date: February 16, 2017
Citation: 2014-CT-00528-SCT
The Petition for Writ of Certiorari filed by Linda Greer Ball is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Randolph, P.J. Order entered.
Rubin Renfrow a/k/a Rubin B. Renfrow, III v. State of Mississippi
Date: February 16, 2017
Citation: 2014-CT-01567-SCT
The Petition for Writ of Certiorari filed by Rubin Renfrow is denied. All Justices Agree. Order entered.
Swartzfager v. Saul  
Date: February 16, 2017
Citation: 2015-CA-01187-SCT
Docket Number: 2015-CA-01187-SCT

Justia Opinion Summary: Thomas Saul and Jon Swartzfager initially reached a verbal agreement for Saul’s purchase of a piece of property located within a larger tract of land Swartzfager owned. But another person came along and offered Swartzfag...

Lee v. Booker  
Date: February 16, 2017
Citation: 2015-CA-01910-SCT
Docket Number: 2015-CA-01910-SCT

Justia Opinion Summary: After a legislative overhaul of the probation and parole statutes, John Booker, a parole-eligible inmate, requested a case plan pursuant to Mississippi Code Section 47-7-3.1. The Mississippi Department of Corrections (MD...

Hamilton v. Young  
Date: February 16, 2017
Citation: 2015-IA-01260-SCT
Docket Number: 2015-IA-01260-SCT

Justia Opinion Summary: This case presented an issue stemming from an interlocutory appeal of the registration of an Ohio-issued divorce decree and the subsequent petition for modification by the obligee, a Mississippi resident. Asserting the c...

Casey Mark Burgess a/k/a Casey Burgess a/k/a Casey M. Burgess v. State of Mississippi
Date: February 9, 2017
Citation: 2013-CT-02078-SCT
The Petition for Writ of Certiorari filed by Casey Mark Burgess is denied. To Deny: All Justices. Order entered.
Steve Altom and Sheree Altom v. Harland Jones
Date: February 9, 2017
Citation: 2014-CT-01295-SCT
The Petition for Writ of Certiorari filed by Steve Altom and Sheree Altom was granted by order of the Court signed on December 9, 2016. Upon further consideration, the Court finds that there is no need for further review and the writ of certiorari should be dismissed. The writ of certiorari is dismissed on the Court's own motion. Disagrees: Kitchens, J. Not Participating: Chamberlin, J. Dickinson, P.J., for the Court. Order entered.
Maxine Smith v. Mississippi Department of Employment Security
Date: February 9, 2017
Citation: 2014-CT-01510-SCT
The Petition for Writ of Certiorari filed by Maxine Smith was granted by order of the Court signed on August 17, 2016. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. The writ of certiorari is dismissed on the Court's own motion. Coleman, J., for the Court. Order entered.
Mississippi Department of Corrections v. Cook  
Date: February 9, 2017
Citation: 2015-CA-01724-SCT
Docket Number: 2015-CA-01724-SCT

Justia Opinion Summary: The Circuit Court of Sunflower County directed the Mississippi Department of Corrections to issue Benjamin Cook (pro se) a parole case plan under Mississippi Code Section 47-7-3.1(1), which went into effect on July 1, 20...

Pemberton Properties, LTD v. City of Pearl  
Date: February 9, 2017
Citation: 2015-CA-01865-SCT
Docket Number: 2015-CA-01865-SCT

Justia Opinion Summary: Under Mississippi law, a person wishing to appeal the adoption of a city’s ordinance must do so within ten days. The primary question presented for the Supreme Court’s review here was whether, as the Mayor and Board of A...

Marshall L. Fisher, Earnest Lee and Verlena Flagg v. Alex Virgil Sumrall a/k/a Alex V. Sumrall a/k/a Alex Sumrall
Date: February 9, 2017
Citation: 2015-CA-01909-SCT
The circuit court's October 30, 2015, order is vacated, that this case is remanded to the Circuit Court of Sunflower County for the entry of a judgment on remand dismissing this case, and that the costs of this appeal are assessed to Sunflower County. Order entered.
Mississippi Rural Water Association, Inc. v. Mississippi Public Service Commission  
Date: February 9, 2017
Citation: 2015-CC-01249-SCT
Docket Number: 2015-CC-01249-SCT

Justia Opinion Summary: The Mississippi Public Service Commission (MPSC) adopted a rule requiring utilities to waive utility deposits for certified domestic violence victims for a period of sixty days. The rule also required the utilities to ke...

Jerry Bowen and Cheryl Bowen v. Amory HMA, LLC d/b/a Gilmore Memorial Regional Medical Center and Patrick Anderson Murphree, M.D.
Date: February 9, 2017
Citation: 2015-CT-00184-SCT
The Petition for Writ of Certiorari filed by Jerry and Cheryl Bowen is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Chamberlin, JJ. Not Participating: Beam, J. Order entered.
Gunn v. Hughes  
Date: February 9, 2017
Citation: 2016-IA-00442-SCT
Docket Number: 2016-IA-00442-SCT

Justia Opinion Summary: Article 4, Section 59 of the Mississippi Constitution provided that in the Mississippi Legislature “every bill shall be read in full immediately before the vote on its final passage upon the demand of any member.” When R...

Natasha Orlantha Stewart a/k/a Natasha Stewart a/k/a Pebbelz Da Model v. State of Mississippi
Date: February 2, 2017
Citation: 2014-CT-01101-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Dickinson, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Dismiss: Kitchens, J. Not Participating: Randolph, P.J. Order entered.
Terry E. Harris v. Eddie Michael, Jr. and Bellsouth Telecommunications, LLC d/b/a AT&T Mississippi
Date: February 2, 2017
Citation: 2014-CT-01613-SCT
The Petition for Writ of Certiorari to the Mississippi Supreme Court filed by Eddie Michael, Jr., and BellSouth Telecommunications, LLC, is denied. To Deny: Waller, C.J., Randolph, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Dickinson, P.J. Order entered.
Helene Benson v. Mack D. Rather d/b/a The Tint Shop and Vicksburg Printing and Publishing Company
Date: February 2, 2017
Citation: 2014-CT-01775-SCT
Helene Benson's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
Timothy Vivians v. Baptist HealthPlex, Becky Vrieland and Helen Wilson
Date: February 2, 2017
Citation: 2014-CT-01828-SCT
The Petition for Writ of Certiorari filed by Appellant is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. Order entered.
Carothers v. Mississippi  
Date: February 2, 2017
Citation: 2014-DR-01689-SCT
Docket Number: 2014-DR-01689-SCT

Justia Opinion Summary: Caleb Corrothers was convicted of two counts of capital murder and one count of aggravated assault. For the two capital-murder convictions, he received the death penalty. Corrothers appealed, and the Mississippi Supreme...

Travaris Richard Christian a/k/a Travaris R. Christian a/k/a Travaris Christian a/k/a Trevaris Rashad Christian v. State of Mississippi
Date: February 2, 2017
Citation: 2014-KA-01202-SCT
The Motion for Rehearing filed by Appellant is denied. Chamberlin, J., not participating.
The Mississippi Bar v. Michael C. Weber
Date: February 2, 2017
Citation: 2015-BD-01472-SCT
The Motion to Extend Time to Serve Respondent with Process is denied. The Bar's formal complaint against Weber is dismissed without prejudice. The Bar is taxed with the costs of this proceeding. Not Participating: Randolph, P.J. Order entered.</ul><br><hr>
Sean P. Edwards v. Reanna S. Zyla
Date: February 2, 2017
Citation: 2015-CA-00891-SCT
The Motion for Rehearing filed by Appellants is denied. Chamberlin, J., not participating.
Mississippi Department of Corrections v. Sandy Roberts
Date: February 2, 2017
Citation: 2015-CA-01907-SCT
Michael Drankus a/k/a Michael F. Drankus v. Mississippi Parole Board
Date: February 2, 2017
Citation: 2015-CP-01049-SCT
Trevioun Lamont Cornelius Briggs a/k/a T.L. Briggs a/k/a T.L. Cornelius Briggs a/k/a Trevious Lamont Corneli Briggs a/k/a Trevioun Lamount Cornelius Briggs a/k/a Trevious Briggs a/k/a Trevioun L.C. Briggs a/k/a Trevioun Briggs v. State of Mississippi
Date: February 2, 2017
Citation: 2015-CT-00016-SCT
The Petition for Writ of Certiorari filed by Trevioun Lamont Cornelius Briggs is granted in part. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman and Chamberlin, JJ. To Deny: Randolph, P.J., Maxwell and Beam, JJ. Order entered.
Charlie C. Henderson a/k/a Charlie C. Henderson, Jr. a/k/a Charles Henderson v. State of Mississippi
Date: February 2, 2017
Citation: 2015-CT-00164-SCT
Charlie Henderson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens and King, JJ. Order entered.
James W. Bennett v. Mississippi State Department of Health, a Member of the Mississippi State Agencies Self-Insured Workers' Compensation Trust
Date: February 2, 2017
Citation: 2015-CT-00850-SCT
The Petition for Writ of Certiorari filed by Appellant James W. Bennett is denied. To Deny: Waller, C.J., Randolph, P.J., King, Maxwell, Beam and Chamberlin, JJ. To Grant: Dickinson, P.J., Kitchens and Coleman, JJ. Order entered.
Sean P. Edwards and Kathryn Loyacono v. Reanna S. Zyla
Date: February 2, 2017
Citation: 2015-IA-00805-SCT
The Motion for Rehearing filed by Appellants is denied. Chamberlin, J., not participating.
Sanderson Farms, Inc. v. McCullough  
Date: February 2, 2017
Citation: 2015-IA-00854-SCT
Docket Number: 2015-IA-00854-SCT

Justia Opinion Summary: This case was an interlocutory appeal of the Lincoln County Circuit court’s Order Denying the Defendant’s Motion for Summary Judgment. Although the plaintiff’s overarching claim was framed in negligence, it factually sou...

Mississippi Department of Corrections v. Martin Groot
Date: February 2, 2017
Citation: 2016-CA-00433-SCT
Alvin Brown v. State of Mississippi
Date: January 26, 2017
Citation: 2014-CT-00331-SCT
The Petition for Writ of Certiorari filed by counsel for Alvin Brown is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Beam and Chamberlin, JJ. To Deny: Randolph, P.J., and Maxwell, J. Order entered.
Mississippi Dept. of Corrections v. Boyd  
Date: January 26, 2017
Citation: 2015-CA-01904-SCT
Docket Number: 2015-CA-01904-SCT

Justia Opinion Summary: The Mississippi Department of Corrections (MDOC) appeals the Sunflower County Circuit Court’s decision requiring it to develop a parole case plan for Robert Boyd. In 1986, Boyd was convicted of murder and two counts of a...

Mississippi Dept. of Corrections v. Allen  
Date: January 26, 2017
Citation: 2015-CA-01905-SCT
Docket Number: 2015-CA-01905-SCT

Justia Opinion Summary: Charles Allen, a parole-eligible inmate in the custody of the Mississippi Department of Corrections (MDOC), filed a request pursuant to the administrative review procedure (ARP) that MDOC develop a case plan for him. MDO...

Mississippi Dept. of Corrections v. Bland  
Date: January 26, 2017
Citation: 2015-CA-01908-SCT
Docket Number: 2015-CA-01908-SCT

Justia Opinion Summary: The Mississippi Department of Corrections (MDOC) appealed the Sunflower County Circuit Court’s decision requiring it to develop a parole case plan for Jerry Bland. In 1982, Bland pleaded guilty to capital murder, burglar...

William Scott Ashwell a/k/a William Ashwell a/k/a William S. Ashwell v. State of Mississippi
Date: January 26, 2017
Citation: 2015-CT-00023-SCT
The Petition for Writ of Certiorari filed by Appellant William Scott Ashwell is granted. To Grant: Dickinson, P.J., Kitchens, King and Chamberlin, JJ. To Deny: Randolph, P.J., Coleman, Maxwell and Beam, JJ. Not Participating: Waller, C.J. Order entered.
Curtis C. Evans a/k/a Curtis Chrishaun Evans a/k/a Curtis Evans v. State of Mississippi
Date: January 26, 2017
Citation: 2015-CT-00078-SCT
Curtis Evans's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
William Scott Ashwell a/k/a William Ashwell a/k/a William S. Ashwell v. State of Mississippi
Date: January 26, 2017
Citation: 2015-CT-00626-SCT
The Petition for Writ of Certiorari filed by Appellant William Scott Ashwell is granted. To Grant: Dickinson, P.J., Kitchens, King and Chamberlin, JJ. To Deny: Randolph, P.J., Coleman, Maxwell and Beam, JJ. Not Participating: Waller, C.J. Order entered.
Lindsey v. Mississippi  
Date: January 26, 2017
Citation: 2015-KA-01417-SCT
Docket Number: 2015-KA-01417-SCT

Justia Opinion Summary: In 2015, a Covington County jury found Howard Lindsey guilty of two counts of gratification of lust and two counts of sexual battery. On appeal, Lindsey argued that the jury’s verdict was contrary to the overwhelming wei...

Thomas v. Chevron U.S.A., Inc.  
Date: January 26, 2017
Citation: 2016-CA-00101-SCT
Docket Number: 2016-CA-00101-SCT

Justia Opinion Summary: Quindon Thomas, an employee of a contractor at Chevron’s petroleum refinery plant in Pascagoula, was injured on the job. Thomas accepted workers’ compensation benefits provided by Chevron for his injuries. Thomas then su...

The City of Madison, Mary Hawkins Butler, The Mayor of the City of Madison, The City of Madison Police Department, M. E. "Gene" Waldrop, In His Official Capacity as Chief of Police, Officer James C. Craft and Officer John Gentry v. Robert Pugh
Date: January 26, 2017
Citation: 2016-IA-01097-SCT
The Agreed Motion to Dismiss Interlocutory Appeal is granted. The appeal is dismissed and the parties must pay their own costs and fees. All Justices Agree. Order entered.
Adams v. Graceland Care Center of Oxford, LLC  
Date: January 19, 2017
Citation: 2013-CT-00724-SCT
Docket Number: 2013-CT-00724-SCT

Justia Opinion Summary: Circuit Court granted summary judgment in favor of Graceland Care Center of Oxford, LLC; Graceland Management Company, Inc.; Lafayette LTC, Inc.; and Yalobusha General Hospital and Nursing Home (collectively, Graceland)...

Chester A. Leigh v. Aberdeen School District
Date: January 19, 2017
Citation: 2013-CT-02031-SCT
The Petition for Writ of Certiorari filed by counsel for Chester A. Leigh is denied. To Deny: All Justices. Order entered.
Eric Pelletier a/k/a Eric Blake Pelletier v. State of Mississippi
Date: January 19, 2017
Citation: 2014-CT-00869-SCT
Petition for Writ of Certiorari filed by Eric Pelletier was granted by order of the Court signed on November 9, 2016. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. The writ of certiorari is dismissed on the Court's own motion. Chamberlin, J., not participating. Coleman, J., for the Court. Order entered.
Evelyn Barnes, Ben Barnes, and Desmond Young, a Minor, by and through Orthia Herring, his Next of Kin v. City of Canton, Mississippi and The Canton Convention and Visitors Bureau
Date: January 19, 2017
Citation: 2014-CT-01455-SCT
The Petition for Writ of Certiorari filed by Evelyn Barnes, et al., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, J. Order entered.
Watkins Development, LLC and David Watkins, Sr. v. C. Delbert Hosemann, Jr., in his Official Capacity as Mississippi Secretary of State
Date: January 19, 2017
Citation: 2014-CT-01657-SCT
The Petition for Writ of Certiorari filed by Watkins Development and David Watkins is granted. To Grant: All Justices. Order entered.
Davenport v. Hansaworld, USA, Inc.  
Date: January 19, 2017
Citation: 2015-CA-01164-SCT
Docket Number: 2015-CA-01164-SCT

Justia Opinion Summary: HansaWorld USA, Inc. (HansaWorld) registered a foreign judgment with a Mississippi circuit court against Kimberlee Davenport from an award ordered by a court in Florida on claims of conversion and extortion. Davenport, a...

City of Tupelo v. O'Callaghan  
Date: January 19, 2017
Citation: 2015-IA-01409-SCT
Docket Number: 2015-IA-01409-SCT

Justia Opinion Summary: After a nearby ditch began to erode causing significant property damage and mold-related health issues, Plaintiffs John and Patsy O’Callaghan filed an inverse condemnation action under the Takings Clause of the Mississip...

Sylvester Bell a/k/a Bell Sylvester v. State of Mississippi
Date: January 12, 2017
Citation: 2014-CT-01370-SCT
The Petition for Writ of Certiorari filed pro se by Sylvester Bell is denied. To Deny: All Justices. Order entered.
Paul T. Brown v. Hederman Brothers, LLC
Date: January 12, 2017
Citation: 2014-CT-01553-SCT
The Petition for Writ of Certiorari filed by Paul T. Brown is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman and Beam, JJ. Not Participating: Randolph, P.J., Maxwell and Chamberlin, JJ. Order entered.
Craig Cleveland v. Deutche Bank National Trust Company, solely in its capacity as Trustee for GSAMP Mortgage Loan Trust 2002-HE2
Date: January 12, 2017
Citation: 2014-CT-01692-SCT
The Petition for Writ of Certiorari filed by Craig Cleveland is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Randolph, P.J. Order entered.
Rachel Smith v. David Smith
Date: January 12, 2017
Citation: 2015-CA-00213-SCT
The Motion for Rehearing filed by the Appellant is denied. Chamberlin, J., Not Participating.
Russell Lee Stone, Jr. v. Lea Crosby Jefcoat
Date: January 12, 2017
Citation: 2015-CA-01313-SCT
On the Court's own motion, the appeal is dismissed. All costs, not previously assessed, are taxed to Appellant. Order entered.
Daner Ford a/k/a Danner Ford a/k/a Dana Ford v. State of Mississippi
Date: January 12, 2017
Citation: 2015-KA-00691-SCT
The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., and King, J., would grant. Chamberlin, J., Not Participating.
Crockett v. Mississippi  
Date: January 12, 2017
Citation: 2015-KM-00828-SCT
Docket Number: 2015-KM-00828-SCT

Justia Opinion Summary: Justin Crockett pled guilty in Panola County Justice Court to headlighting a deer. Crockett appealed his conviction to the Circuit Court of the First Judicial District of Panola County. After a bench trial de novo, that...

In Re: Mississippi Rules of Appellate Procedure
Date: January 12, 2017
Citation: 89-R-99027-SCT
Cleveland Nursing and Rehabilitation, LLC v. Estate of Annie Mae Gully, by and through the Administratrix, Eva Bellmon
Date: January 5, 2017
Citation: 2014-CA-01660-SCT
The Motion for Rehearing filed by Appellee is denied. Chamberlin, J., not participating.
Earl Bates v. State of Mississippi
Date: January 5, 2017
Citation: 2014-CT-01492-SCT
The Petition for Writ of Certiorari filed pro se by Earl Bates is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J., and Lamar, J. Order entered 12/16/16.
Brian S. Booker v. Amy Turner Booker
Date: January 5, 2017
Citation: 2014-CT-01702-SCT
The Petition for Writ of Certiorari filed by counsel for Brian S. Booker is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered 12/16/16.
Harris v. Mississippi  
Date: January 5, 2017
Citation: 2015-CA-01193-SCT
Docket Number: 2015-CA-01193-SCT

Justia Opinion Summary: On the morning of his client’s trial, defense attorney A. Randall Harris tried to withdraw as counsel. When the judge declined his request, Harris told the judge he was “wrong” for doing so, and he “was not going to part...

Estate of Richard B. Davis v. Blaylock  
Date: January 5, 2017
Citation: 2015-CA-01423-SCT
Docket Numbers: 2015-CA-01423-SCT, 2015-CA-01425-SCT, 2015-CA-01427-SCT

Justia Opinion Summary: The Mississippi Supreme Court has held “that the first court to properly take jurisdiction of a wrongful death action in our state courts shall, so long as the action is pending, have exclusive jurisdiction, and any othe...

Mississippi Department of Revenue v. James Alcorn Russell, III a/k/a J.A. Russell d/b/a Russell Racing and Repair
Date: January 5, 2017
Citation: 2015-CA-01566-SCT
Dickinson, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur. Randolph, P.J., and Chamberlin, J., not participating.
Anthony Robinson v. Mississippi Department of Employment Security
Date: January 5, 2017
Citation: 2015-CT-00336-SCT
The Petition for Writ of Certiorari filed pro se by Anthony Robinson is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered 12/16/16.
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