Supreme Court of Mississippi Decisions 2019

Sharon Mark v. City of Hattiesburg, Mississippi, Mayor Johnny Dupree, Kim Bradley, Deborah Denard Delgado, Carter Carroll, Dave Ware and Henry E. Naylor
Date: August 15, 2019
Citation: 2016-CT-01638-SCT
Sharon Mark's Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Coleman, Beam and Ishee, JJ. To Deny: Randolph, C.J., Maxwell and Chamberlin, JJ. Not Participating: Griffis, J. Order entered.
William Antonio Avery a/k/a William A. Avery a/k/a William Ken Avery a/k/a William A. Ken Avery a/k/a Ken a/k/a Ken Avery v. State of Mississippi
Date: August 15, 2019
Citation: 2017-CT-00187-SCT
Avery's pro se Petition for Writ of Certiorari is dismissed as untimely filed. Order entered.
Joe Clyde Tubwell a/k/a Joe C. Tubwell a/k/a Joe Tubwell v. State of Mississippi
Date: August 15, 2019
Citation: 2017-CT-00795-SCT
Joe Clyde Tubwell's Petition for Writ of Certiorari is dismissed as untimely. Order entered.
Teri Keckley v. Estes Equipment Company, Inc. and Pilot Travel Centers, LLC
Date: August 15, 2019
Citation: 2017-CT-00889-SCT
The Petition for Writ of Certiorari filed by Estes Equipment Company, Inc., is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Coleman, J. Not Participating: Griffis, J. Order entered.
Jeffory Chad Turner a/k/a Jeffory C. Turner a/k/a Jeffory Turner v. State of Mississippi
Date: August 15, 2019
Citation: 2017-CT-00972-SCT
Jeffory Chad Turner's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Ishee, JJ. Not Participating: Chamberlin and Griffis, JJ. Order entered.
Kevin B. McCall v. Cynthia C. McCall
Date: August 15, 2019
Citation: 2017-CT-01203-SCT
Kevin B. McCall's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Mississippi Department of Human Services v. D.C.  
Date: August 15, 2019
Citation: 2018-IA-00592-SCT
Docket Number: 2018-IA-00592-SCT

Justia Opinion Summary: D.C., a minor foster child, alleged that Jason Case, his foster parent, sexually abused him. The Mississippi Department of Human Services ("DHS") removed D.C. from Case’s home and a subsequent investigation substantiated...

Mississippi Sand Solutions, LLC v. Otis  
Date: August 8, 2019
Citation: 2017-CA-01762-SCT
Docket Number: 2017-CA-01762-SCT

Justia Opinion Summary: Mississippi Sand Solutions (MSS) and its predecessors hauled gravel and sand off its property via a private road on property belonging to the Fisher heirs. At some point, any agreement between the parties ended, and MSS...

Franklin Collection Service, Inc. v. BancorpSouth Bank
Date: August 8, 2019
Citation: 2017-IA-00895-SCT
The Motion for Rehearing filed by Franklin Collection Service, Inc., is denied.
Franklin Collection Service, Inc. v. BancorpSouth Bank
Date: August 8, 2019
Citation: 2017-IA-00900-SCT
The Motion for Rehearing filed by Franklin Collection Service, Inc., is denied.
BancorpSouth Bank v. Franklin Collection Service, Inc.
Date: August 8, 2019
Citation: 2017-IA-00905-SCT
The Motion for Rehearing filed by Franklin Collection Service, Inc., is denied.
Matthew Blake Courtney a/k/a Matthew Courtney v. State of Mississippi
Date: August 8, 2019
Citation: 2017-KA-01267-SCT
The Motion for Rehearing filed by Appellant is denied. King, P.J., would grant.
Andre Antonio Fairley a/k/a Andre Fairley v. State of Mississippi
Date: August 8, 2019
Citation: 2017-KA-01754-SCT
The Motion for Rehearing filed by Appellant is denied.
Roderick Taylor a/k/a Rodrick Taylor a/k/a Roderick Kenyatta Taylor Sr. a/k/a George Wilson a/k/a Roderick Flinstone Taylor a/k/a Roderick K. Taylor a/k/a Roderick Kenyatta Taylor a/k/a Rodrick K. Taylor v. State of Mississippi
Date: August 1, 2019
Citation: 2017-CT-00838-SCT
The Petition for Writ of Certiorari filed by Roderick Taylor is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J. Not Participating: Griffis, J. Order entered.
Clint Breland v. City of Hattiesburg, Mississippi, A Municipal Corporation
Date: August 1, 2019
Citation: 2017-CT-00990-SCT
Clint Breland's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Kevin O'Hea, M.D. v. George Regional Health & Rehabilitation Center d/b/a George Regional Health System Community Medical Center a/k/a George County Hospital and Paul Gardner, Individually
Date: August 1, 2019
Citation: 2017-CT-01028-SCT
The Petition for Writ of Certiorari filed by Petitioner is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Adrian Donte Wilson a/k/a Adrian Wilson a/k/a Adrian Deonte Wilson a/k/a Adrian Donte' Wilson v. State of Mississippi
Date: August 1, 2019
Citation: 2017-CT-01197-SCT
Adrian Wilson's "Request for Removal to Appeal to the Mississippi Supreme Court" is dismissed. Order entered.
Delbert Keyes a/k/a Delbert Keys Jr. a/k/a Deltber Keyes Jr. v. State of Mississippi
Date: August 1, 2019
Citation: 2017-CT-01214-SCT
The Petition for Writ of Certiorari filed by Delbert Keyes, pro se, is dismissed as untimely. Order entered.
George W. Humphries IV v. Virlilia Road Conservation Group LLC
Date: August 1, 2019
Citation: 2017-CT-01508-SCT
The Petition for Writ of Certiorari of Appellant filed by George W. Humphries, IV is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
McAlister v. Mississippi  
Date: August 1, 2019
Citation: 2018-KA-00916-SCT
Docket Number: 2018-KA-00916-SCT

Justia Opinion Summary: Chevelle McAlister was convicted by jury of the murder of Johnna Norris and of possession of a firearm as a convicted felon. McAlister appealed his conviction, arguing that his counsel provided constitutionally ineffecti...

Martin v. Mississippi  
Date: August 1, 2019
Citation: 2018-KA-01144-SCT
Docket Number: 2018-KA-01144-SCT

Justia Opinion Summary: Bruce Martin was found guilty of second-degree murder for the death of James Brown and was sentenced to serve forty years in the custody of the Mississippi Department of Corrections. Martin argued on appeal the trial cou...

Kevin Dale McCain v. State of Mississippi
Date: July 25, 2019
Citation: 2013-M-00448
Richard Vaughn Johnson, Jr. v. The Mississippi Bar
Date: July 25, 2019
Citation: 2017-BR-01531-SCT
Joe Gregory Stewart v. The Mississippi Bar
Date: July 25, 2019
Citation: 2017-BR-01553-SCT
In the Interest of M.D.G. v. Harrison County Youth Court of Mississippi  
Date: July 25, 2019
Citation: 2017-CA-00915-SCT
Docket Number: 2017-CA-00915-SCT

Justia Opinion Summary: E.C. alleged she was sexually assaulted on the premises of Pass Christian High School. The Youth Court adjudicated the alleged perpetrators not delinquent. Later, Roy and Kimberly Cuevas, individually, and on behalf of t...

The Promenade D'Iberville, LLC v. JEA
Date: July 25, 2019
Citation: 2017-IA-00167-SCT
The Motion for Rehearing filed by Appellant is denied.
Ware v. Mississippi  
Date: July 25, 2019
Citation: 2018-KA-00239-SCT
Docket Number: 2018-KA-00239-SCT

Justia Opinion Summary: Edward Ware was convicted of possession of a weapon by a convicted felon. Ware appealed, and his counsel filed a “Lindsey” brief, stating she searched the record but was unable to find any arguable issues for appellate r...

Ross v. Mississippi  
Date: July 25, 2019
Citation: 2018-KA-00570-SCT
Docket Number: 2018-KA-00570-SCT

Justia Opinion Summary: Loren Ross was convicted of felony driving under the influence (DUI), fourth offense. The Circuit Court imposed the maximum sentence of ten years in the custody of the Mississippi Department of Corrections (MDOC). Ross a...

Adam Chism v. State of Mississippi
Date: July 25, 2019
Citation: 2018-M-01436
In Re: Administrative Orders of the Supreme Court of Mississippi
Date: July 25, 2019
Citation: 2019-AD-00001-SCT
En banc order directing the disbursement of $216,698.37 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Order entered 7/22/19.</ul><br><hr>
James Holloway v. State of Mississippi
Date: July 25, 2019
Citation: 2019-M-00380
In Re: The Mississippi Access to Justice Commission
Date: July 25, 2019
Citation: 89-R-99032-SCT
En banc order (1) reappointing Hon. Margaret Alfonso, Hon. Dawn H. Beam, Hon. Virginia C. Carlton, H. Rodger Wilder, Hon. Deborah Gambrell, and Hon Jacqueline Mask as Commissioners of the Access to Justice Commission to terms expiring June 30, 2022, and (2) appointing Senator Derrick T. Simmons and Ammie T. Nguyen as Commissioners to terms expiring June 30, 2022, to succeed Edderek "Beau" Cole and Representative David Baria. Order entered 7/19/19.</ul><br><hr>
Johnny Ray Sims a/k/a Johnny R. Sims v. State of Mississippi
Date: July 18, 2019
Citation: 2012-M-01913
Linda Robinson v. Robinson Property Group Corporation d/b/a Horseshoe Casino and Hotel
Date: July 18, 2019
Citation: 2013-CT-01838-SCT
The Joint Motion to Dismiss Appeal is denied. The Appellant's Petition for Writ of Certiorari is dismissed. Order entered 6/28/19.
Dante O. Taylor a/k/a Dante O'Bryan Taylor a/k/a Dante O'Brien Taylor a/k/a Dante Taylor v. State of Mississippi
Date: July 18, 2019
Citation: 2017-CT-01596-SCT
Dante Taylor's Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, and Chamberlin, JJ. To Deny: Ishee, J. Not Participating: Randolph, C.J., and Griffis, J.
Osbourne v. Mississippi  
Date: July 18, 2019
Citation: 2017-KA-01549-SCT
Docket Number: 2017-KA-01549-SCT

Justia Opinion Summary: Bobby Osbourne was convicted of aggravated assault, following a jury trial. Osbourne appealed, claiming that his trial counsel was constitutionally ineffective for numerous reasons: (1) for failing to move for a mistrial...

Green Hills Development Company, LLC v. Mississippi Secretary of State  
Date: July 18, 2019
Citation: 2018-CA-00182-SCT
Docket Number: 2018-CA-00182-SCT

Justia Opinion Summary: Green Hills Development Company, LLC, forfeited property to the State for failure to pay taxes. Five years later, the State sold the property, following the statutory procedure under which the Secretary of State accepts...

Mississippi Commission on Judicial Performance v. Sutton  
Date: July 18, 2019
Citation: 2019-JP-00072-SCT
Docket Number: 2019-JP-00072-SCT

Justia Opinion Summary: The Mississippi Commission on Judicial Performance (the “Commission”) recommended that the Mississippi Supreme Court publicly reprimand and assess a $500 fine against Judge Frank Sutton, a justice court judge for Post Th...

In Re: Commission on Mandatory Continuing Legal Education
Date: July 18, 2019
Citation: 89-R-99011-SCT
Order appointing Christopher L. Wansley, Marcus A. McLelland, and Robert D. Schultze to three-year terms as members of the Commission on Mandatory Continuing Legal Education effective August 1, 2019. Order Entered 7/02/19. </ul><br><hr>
James Douglas Willie, Sr. a/k/a James Douglas Willie a/k/a South Memphis v. State of Mississippi
Date: June 27, 2019
Citation: 2016-CT-01416-SCT
The Petition for Writ of Certiorari filed by James Douglas Willie, Sr., is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Randolph, C.J., and Griffis, J. Order entered.
Darren Lee Wharton v. State of Mississippi
Date: June 27, 2019
Citation: 2017-CT-00441-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Randolph, C.J., Maxwell, Beam and Chamberlin, JJ. To Deny: Kitchens and King, P.JJ., Coleman and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Victor D. Jones a/k/a Victor Dewayne Jones a/k/a Victor Jones v. State of Mississippi
Date: June 27, 2019
Citation: 2017-CT-01167-SCT
Victor D. Jones's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
WC Baker Company LLC v. Philden Stockton and Leigh Anne Stockton
Date: June 27, 2019
Citation: 2017-CT-01710-SCT
The Petition for Writ of Certiorari filed by counsel for Philden Stockton and Leigh Anne Stockton is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens and King, P.JJ. Not Participating: Griffis, J. Order entered.
Kuebler v. Mason  
Date: June 27, 2019
Citation: 2018-CA-00397-SCT
Docket Number: 2018-CA-00397-SCT

Justia Opinion Summary: Charles Kuebler appealed the denial of his petition for writ of habeas corpus. Kuebler alleged the employees of the Jackson Detention Center (“JDC”) confiscated and photocopied his legal work, refused to let him meet wit...

Garner v. Smith  
Date: June 27, 2019
Citation: 2018-CA-01242-SCT
Docket Number: 2018-CA-01242-SCT

Justia Opinion Summary: A standing order in the Third Chancery Court District (Mississippi) set motion days in advance and assigns the particular judge who will preside that day. H. R. Garner, a practitioner in the Third Chancery Court District...

DeSoto County, Mississippi v. Standard Construction Company, Inc.
Date: June 27, 2019
Citation: 2018-CT-00027-SCT
DeSoto County's Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Coleman, Beam and Ishee, JJ. To Deny: Maxwell, J. Not Participating: Randolph, C.J., Chamberlin and Griffis, JJ. Order entered.
Ceola James v. Latrice Westbrooks
Date: June 27, 2019
Citation: 2018-EC-00469-SCT
The Motion for Rehearing filed by Appellant is denied. King, P.J., Maxwell, Ishee and Griffis, JJ., not participating.
Rules for Court Reporters
Date: June 27, 2019
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, 2019, 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 6/24/19.</ul><br><hr>
Eddie Joseph Brown v. State of Mississippi
Date: June 20, 2019
Citation: 2014-M-01276
The Application for Leave to File Motion to Vacate and Correct Sentence is dismissed. Dismiss without Sanctions: Kitchens and King, P.JJ., Beam and Ishee, JJ. Dismiss with Sanctions: Griffis, J. Deny without Sanctions: Coleman, J., would issue another sanctions warning. Deny with Sanctions: Randolph, C.J., Maxwell and Chamberlin, JJ. Order entered.
Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi
Date: June 20, 2019
Citation: 2015-DR-00591-SCT
Curtis Flowers's Motion to Stay Briefing on the petition for Post-Conviction Relief Flowers's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief Flowers's Motion for Leave to File a Reply in Support of Petitioner's Motion to Stay Briefing on the Petition for Post-Conviction Relief and the State of Mississippi's Unopposed Motion for an Extension of Time are dismissed as moot. Order entered.
Faron Young a/k/a Faron Wayne Young a/k/a Faron W. Young v. State of Mississippi
Date: June 20, 2019
Citation: 2017-CT-00357-SCT
The Petition for Writ of Certiorari filed by Faron Young, pro se, is dismissed as untimely. Order entered.
Cortez Deontae Bass a/k/a Tez a/k/a Cortez Bass v. State of Mississippi
Date: June 20, 2019
Citation: 2017-CT-01009-SCT
Cortez Deontae Bass's "Petition for Certiorari" is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
In Re: In the Matter of the Appointment and Setting Salary for County Court Administrator and Deputy Court Administrator: Hinds County, Mississippi v. Skinner  
Date: June 13, 2019
Citation: 2017-CA-01269-SCT
Docket Number: 2017-CA-01269-SCT

Justia Opinion Summary: Hinds County, Mississippi appealed an administrative order signed by two Hinds County Court judges that appointed and set the salaries of the county court administrator and the deputy county court administrator. The coun...

TNHYIF Reiv Golf LLC v. Forrest County, Mississippi
Date: June 13, 2019
Citation: 2017-CT-00574-SCT
The Petition for Writ of Certiorari filed by Forrest County is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Randolph, C.J., and Griffis, J. Order entered.
Mar-Jac Poultry MS, LLC v. Love  
Date: June 13, 2019
Citation: 2017-IA-01522-SCT
Docket Number: 2017-IA-01522-SCT

Justia Opinion Summary: Mar-Jac Poultry MS, LLC (Mar-Jac), appealed the denial of its motion for summary judgment on the Plaintiffs’ claims for negligence, negligence per se, and wrongful death under the theory of respondeat superior after a Ma...

Harbour v. Tupelo Public School District  
Date: June 13, 2019
Citation: 2018-CA-00219-SCT
Docket Number: 2018-CA-00219-SCT

Justia Opinion Summary: Following a disciplinary proceeding, Meloney Harbour’s minor son, T.D.H., was suspended from school and placed in an alternative school. The chancery court initially reversed and rendered the decision of the Tupelo Publi...

Morrow v. Mississippi  
Date: June 13, 2019
Citation: 2018-KA-00166-SCT
Docket Number: 2018-KA-00166-SCT

Justia Opinion Summary: Richard Morrow was convicted of fondling and sentenced as a habitual offender to life in prison without parole. Morrow’s trial counsel did not file a direct appeal. Nevertheless, the trial court allowed Morrow to proceed...

Henderson v. Copper Ridge Homes, LLC  
Date: June 6, 2019
Citation: 2017-CA-00959-SCT
Docket Number: 2017-CA-00959-SCT

Justia Opinion Summary: Previous opinions in this case were withdrawn. John and Cindy Henderson sued Copper Ridge Homes and First Bank regarding the construction of their new home in Magnolia, Mississippi. The case spiraled into foreclosure pro...

Carr v. Mississippi  
Date: June 6, 2019
Citation: 2017-CA-01481-SCT
Docket Number: 2017-CA-01481-SCT

Justia Opinion Summary: A Mississippi circuit court denied Anthony Carr’s petition for post-conviction relief, finding that Carr did not prove he was intellectually disabled. Carr was convicted on four counts of capital murder and sentenced to...

Gulf Coast Hospice LLC v. LHC Group Inc.  
Date: June 6, 2019
Citation: 2017-CA-01634-SCT
Docket Number: 2017-CA-01634-SCT

Justia Opinion Summary: Louisiana Hospice Corporation, otherwise known as LHC, sought to acquire Gulf Coast Hospice LLC in D’Iberville, Mississippi. LHC and Gulf Coast Hospice executed a letter of intent outlining the basic terms of the propose...

Farra L. (Cassidy) Sheridan v. James P. Cassidy, Jr.
Date: June 6, 2019
Citation: 2017-CT-00960-SCT
The Petition for Writ of Certiorari filed by counsel for Farra L. Sheridan is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Maxwell, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Jeffrey Peyton Horn a/k/a Jeffery Horn a/k/a Jeffery P. Horn a/k/a Jep Horn v. State of Mississippi
Date: June 6, 2019
Citation: 2017-CT-01223-SCT
Jeffrey Horn's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
The Mississippi Bar v. June A. (Placer) Oswald
Date: June 6, 2019
Citation: 2018-BD-01637-SCT
In The Matter of The Last Will & Testament of Mary Saunders Waller  
Date: June 6, 2019
Citation: 2018-CA-00531-SCT
Docket Number: 2018-CA-00531-SCT

Justia Opinion Summary: The Chancery Court set aside an interviews gift of about forty acres of land fronting Highway 6 near Oxford, Mississippi. Ninety-year-old grantor Mary Saunders Waller, hard of hearing and legally blind, allegedly granted...

Nissan North America, Inc. v. Great River Nissan, LLC d/b/a Great River Nissan  
Date: June 6, 2019
Citation: 2018-CC-00462-SCT
Docket Number: 2018-CC-00462-SCT

Justia Opinion Summary: At issue in this case before the Mississippi Supreme Court was a dispute between an automobile manufacturer and one of its dealerships. Specifically, the issue reduced to whether the dealer filed a timely complaint under...

Allan David Cooper v. State of Mississippi
Date: June 6, 2019
Citation: 2018-CT-00021-SCT
The Petition for Writ of Certiorari filed by Allan David Cooper is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Ishee, JJ. Not Participating: Randolph, C.J., Chamberlin and Griffis, JJ. Order entered.
Chris Jones a/k/a Chriss Jones v. State of Mississippi
Date: June 6, 2019
Citation: 2018-M-01212
Chris Jones's Motion for Leave to Conduct Post-Conviction DNA Testing is granted. All Justices Agree. Order entered.
Derrick Nelson a/k/a Derrick Demetrius Nelson v. State of Mississippi
Date: May 30, 2019
Citation: 2016-CT-00835-SCT
The State of Mississippi's Petition for Writ of Certiorari is granted. To Grant: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Showanda Palmer, on behalf of the Wrongful Death Beneficiaries and Estate of Nathaniel Moore v. Clark Clinic, Inc., Scott Regional Medical Center, Inc. and Dr. Georgios Ziakas
Date: May 30, 2019
Citation: 2017-CT-01048-SCT
The Petition for Certiorari filed by Showanda Palmer is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Moore v. Mississippi  
Date: May 30, 2019
Citation: 2017-KA-00379-SCT
Docket Number: 2017-KA-00379-SCT

Justia Opinion Summary: A grand jury indicted, and a jury convicted, Gerome Montreal Moore for the capital murder of Carolyn Temple during the commission of a robbery. He was sentenced to life without parole. On appeal, the Mississippi Supreme...

Smith Petroleum, Inc. v. Lamar County School District  
Date: May 30, 2019
Citation: 2018-CA-00325-SCT
Docket Number: 2018-CA-00325-SCT

Justia Opinion Summary: The Lamar County Mississippi School District denied a request by Smith Petroleum to erect and construct an LED advertising billboard on its Sixteenth Section leasehold located on Old Highway 11 in Hattiesburg. Smith Petr...

Knight v. Mississippi  
Date: May 30, 2019
Citation: 2018-KA-00656-SCT
Docket Number: 2018-KA-00656-SCT

Justia Opinion Summary: Larry Knight was convicted of one count of molestation and was sentenced to serve fifteen years in the custody of the Mississippi Department of Corrections (MDOC). Knight appealed, and his attorneys filed a brief under L...

Richard E. Stewart v. Kathy O. Stewart
Date: May 30, 2019
Citation: 2018-TS-01730-SCT
The Motion to Docket and Dismiss filed by Kathy O. Stewart is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ. Not Participating: Beam, J. Order entered.
In Re: Rules Governing Admission to The Mississippi Bar
Date: May 30, 2019
Citation: 89-R-99012-SCT
Tony L. Smith and Linda N. Smith v. Coldwell Banker Graham & Associates, Inc., Cindy Lai, Mark S. Bounds Realty Partners, Inc., Donald Conn, Jr. and Wayne C. Williams
Date: May 23, 2019
Citation: 2016-CT-01082-SCT
The Petition for Writ of Certiorari filed by counsel for Tony L. Smith and Linda N. Smith is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Parker v. Mississippi  
Date: May 23, 2019
Citation: 2016-CT-01502-SCT
Docket Number: 2016-CT-01502-SCT

Justia Opinion Summary: Shannon Parker appealed his aggravated-assault conviction and enhanced sentence. Eric and Edna Burkett were standing outside their home in Hattiesburg, Mississippi, when a white pickup truck stopped in front of them. The...

Bettina Grandberry v. RIH Acquisitions MS II, LLC d/b/a Bally's Casino
Date: May 23, 2019
Citation: 2017-CT-00258-SCT
The Order entered on December 13, 2018, dismissing Grandberry's Petition for Writ of Certiorari as untimely should be withdrawn. The Motion for Reconsideration filed by Bettina Grandberry is granted. The Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
The Promenade D'Iberville, LLC v. JEA
Date: May 23, 2019
Citation: 2017-IA-00167-SCT
On the Court's own motion, this appeal is dismissed and this case is remanded to the trial court for further consideration in light of Hyatt III. The parties are to bear their own costs. Order entered 5/16/19.
Franklin Collection Service, Inc. v. BancorpSouth Bank  
Date: May 23, 2019
Citation: 2017-IA-00895-SCT
Docket Numbers: 2017-IA-00900-SCT, 2017-IA-00895-SCT, 2017-IA-00905-SCT

Justia Opinion Summary: This case involved three consolidated interlocutory appeals; each arose from litigation filed by Franklin Collection Service, Inc. (Franklin), against BancorpSouth Bank. Franklin and BancorpSouth had been in litigation f...

Ward v. Illinois Central Railroad Company  
Date: May 23, 2019
Citation: 2018-CA-00285-SCT
Docket Number: 2018-CA-00285-SCT

Justia Opinion Summary: Larry Seward worked for Illinois Central Railroad Company from 1961 to 2004. In 2005, Seward settled an asbestosis claim with Illinois Central. He subsequently developed and passed away from anaplastic oligodendroglioma,...

Rex Distributing Company, Inc. v. Anheuser-Busch, LLC  
Date: May 23, 2019
Citation: 2018-IA-00037-SCT
Docket Numbers: 2018-IA-00037-SCT, 2018-IA-00038-SCT

Justia Opinion Summary: Rex Distributing Company was a wholesaler of Anheuser-Busch’s beer. When Rex sought to sell its business, Anheuser-Busch asserted a contractual right to “redirect” the sale to its preferred buyer, Mitchell Distributing C...

Chaffee v. Jackson Public School District  
Date: May 16, 2019
Citation: 2017-CA-01761-SCT
Docket Number: 2017-CA-01761-SCT

Justia Opinion Summary: Sonya Chaffee, on behalf of her minor child, Fredrick Latham, Jr., sued the Jackson Public School District; Lonnie J. Edwards, the School District superintendent in his official capacity; and Jackson Public Schools Board...

Jacob Wright a/k/a Jacob Brian Wright a/k/a Jacob Wright Jr. v. State of Mississippi
Date: May 16, 2019
Citation: 2017-CT-00651-SCT
The Petition for Writ of Certiorari filed by Jacob Wright is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Croft v. Mississippi  
Date: May 16, 2019
Citation: 2017-KA-01462-SCT
Docket Number: 2017-KA-01462-SCT

Justia Opinion Summary: Montrell Croft, a/k/a “G-Money,” was convicted by jury of “participating in or conducting or conspiring” in illegal gang activity, possession of a firearm by a felon, and attempted murder. Croft appealed. The Mississippi...

Natchez Trace Village Property Owner's Association v. Lewis L. Culley, III, Nancy Culley, Bethany Culley, Allen Cockrell and Paige Weeks Cockrell
Date: May 16, 2019
Citation: 2018-CA-00425-SCT
Beam, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur.
In Re: Rules of Discipline for the Mississippi Bar
Date: May 16, 2019
Citation: 89-R-99010-SCT
Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi
Date: May 9, 2019
Citation: 2015-DR-00591-SCT
On the Court's own motion, the parties are ordered to show cause as to why Curtis Flowers's Motion to Stay Briefing on the Petition for Post-Conviction Relief Flowers's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief Flowers's Motion for Leave to File a Reply in Support of Petitioner's Motion to Stay Briefing on the Petition for Post-Conviction Relief and the State of Mississippi's Unopposed Motion for an Extension of Time should not be dismissed as moot. The parties' responses should be filed within fourteen days from the entry of the instant order. All Justices Agree. Order entered.
Timothy Robert Ronk a/k/a Timothy Ronk a/k/a Timothy R. Ronk v. State of Mississippi
Date: May 9, 2019
Citation: 2015-DR-01373-SCT
The Motion for Rehearing filed by Timothy Ronk is denied. Kitchens and King, P.JJ., and Coleman, J., would grant.
The Mississippi Bar v. Merry Caitlin Johnson
Date: May 9, 2019
Citation: 2017-BA-00955-SCT
Chelsey Ferguson v. Mississippi Department of Public Safety
Date: May 9, 2019
Citation: 2017-CT-00912-SCT
Mississippi Department of Public Safety's Petition for Writ of Certiorari is granted. To Grant: Randolph, C.J., Maxwell, Beam and Chamberlin, JJ. To Deny: Kitchens and King, P.JJ., Coleman and Ishee, JJ. Not Participating: Griffis, J. Order entered.
John Tate Campbell v. Harrison County Board of Supervisors, Harrison County Sand Beach Authority and Harrison County, Mississippi
Date: May 9, 2019
Citation: 2017-CT-00961-SCT
John Campbell's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens and King, P.JJ. Not Participating: Griffis, J. Order entered.
Timothy Owens a/k/a Timothy Owens Jr. v. State of Mississippi
Date: May 9, 2019
Citation: 2017-CT-01044-SCT
Timothy Owens's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
William Randle, Jr. a/k/a Booman and The Democratic Executive Committee of the City of Okolona, Mississippi v. Tommie James Ivy, Sr.
Date: May 9, 2019
Citation: 2017-EC-01587-SCT
The Motion for Rehearing filed by the Appellee is denied. Kitchens, P.J., would grant. Griffis, J., not participating.
Jayvious Johnson v. State of Mississippi
Date: May 9, 2019
Citation: 2017-KA-00534-SCT
The Motion for Rehearing filed by the Appellant is denied.
Marsha R. Hinton and Thomas F. Hinton v. Pekin Insurance Company
Date: May 9, 2019
Citation: 2018-CA-00383-SCT
The Appellants' Motion for Rehearing is denied. Randolph, C.J., Kitchens, P.J., and Griffis, J., not participating.
Stanfield v. Mississippi  
Date: May 9, 2019
Citation: 2018-KA-00081-SCT
Docket Number: 2018-KA-00081-SCT

Justia Opinion Summary: David Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. The sole issue before the Mississippi Supreme Court was whether the trial court erred in instructing the jury that self-def...

In Re: Judicial Mandatory Continuing Legal Education
Date: May 9, 2019
Citation: 89-R-99019-SCT
Frederick A. Pettersen v. Audrey S. Pettersen
Date: May 2, 2019
Citation: 2017-CT-00089-SCT
Frederick A. Pettersen's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Michael J. Bounds v. Suzanne Marie Benson, Individually, and Suzanne Marie Benson, as Trustee of the Suzanne Marie Benson Revocable Trust
Date: May 2, 2019
Citation: 2017-CT-00460-SCT
The Petition for Writ of Certiorari filed by Michael J. Bounds is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin and Ishee, JJ. To Grant: Maxwell, J. Not Participating: Griffis, J. Order entered.
Xavier Brown v. State of Mississippi
Date: May 2, 2019
Citation: 2017-DR-01373-SCT
Petitioner's Motion for Leave to Invoke Discovery and to Seek Access Orders in the Circuit Court is denied. To Deny: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: King, P.J. Order entered.
Courtney v. Mississippi  
Date: May 2, 2019
Citation: 2017-KA-01267-SCT
Docket Number: 2017-KA-01267-SCT

Justia Opinion Summary: Matthew Courtney appealed his conviction on one count of sexual battery. The trial court sentenced Courtney to serve a period of twenty-five years. Courtney argued that the statute of limitations barred his sexual batter...

Fairley v. Mississippi  
Date: May 2, 2019
Citation: 2017-KA-01754-SCT
Docket Number: 2017-KA-01754-SCT

Justia Opinion Summary: Andre Fairley was indicted by grand jury for one count of possessing two or more grams, but less than ten grams of cocaine with intent to distribute, and one count of possessing more than thirty grams, but less than one...

Victoria Morton v. Reericka Belk and Tracey J. Crayton
Date: May 2, 2019
Citation: 2019-M-00061-SCT
Victoria Morton's Petition for Interlocutory Appeal is granted. To Grant: Randolph, C.J., Coleman, Maxwell, Chamberlin and Griffis, JJ. To Deny: Kitchens and King, P.JJ., Beam and Ishee, JJ. Order entered.
Freddie Doug Burrell v. State of Mississippi
Date: April 25, 2019
Citation: 2013-M-01083
In the Matter of the Enlarging, Extending and Defining the Corporate Limits and Boundaries of the City of Clarksdale, Coahoma County, Mississippi v. City of Clarksdale, Mississippi
Date: April 25, 2019
Citation: 2016-AN-01696-SCT
The Motion for Rehearing filed by Coahoma County is denied. Randolph, C.J., and Maxwell, J., would grant. Griffis, J., not participating.
Stover v. Davis  
Date: April 25, 2019
Citation: 2016-CT-01605-SCT
Docket Number: 2016-CT-01605-SCT

Justia Opinion Summary: Marquan Stover moved to contest the second codicil to his great aunt Tamora Robinson’s last will and testament, alleging that the second codicil was the product of undue influence by Robinson’s sister Elaine Davis. After...

Kep Lafoon v. State of Mississippi
Date: April 25, 2019
Citation: 2017-CT-01724-SCT
Kep Lafoon's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
James v. Westbrooks  
Date: April 25, 2019
Citation: 2018-EC-00469-SCT
Docket Number: 2018-EC-00469-SCT

Justia Opinion Summary: Former Court of Appeals Judge Ceola James lost the 2016 election for the Court of Appeals by nearly twenty-two thousand votes. James filed an election contest against the winner, Judge Latrice Westbrooks, alleging Westbr...

Mississippi Commission on Judicial Performance v. Judge Jesse Burton  
Date: April 25, 2019
Citation: 2018-JP-01537-SCT
Docket Number: 2018-JP-01537-SCT

Justia Opinion Summary: Judge Jesse Burton of the Southern District of Coahoma County, Mississippi Justice Court, filed an affidavit claiming his former girlfriend had stolen money and personal property from him. Based on this affidavit, anothe...

In Re: Administrative Orders of the Supreme Court of Mississippi
Date: April 25, 2019
Citation: 2019-AD-00001-SCT
En banc order directing the disbursement of $164,809.89 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Order entered 4/19/19.</ul><br><hr>
In Re: Charlie Blunt
Date: April 18, 2019
Citation: 2013-M-00686
Clayton Paul Bateman a/k/a Clayton P. Bateman a/k/a Clayton Bateman v. State of Mississippi
Date: April 18, 2019
Citation: 2016-CT-01353-SCT
Clayton Paul Bateman's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Mathes Electric Supply Co., Inc. v. Can't Be Beat Fence Co, LLC and International Fidelity Insurance Company
Date: April 18, 2019
Citation: 2016-CT-01365-SCT
The Petition for Writ of Certiorari filed by Can't Be Beat Fence Company, LLC, and International Fidelity Insurance Company is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Kelton K. Hathorne a/k/a Kelton K. Hathorne Sr. a/k/a Kelton KeShawn Hathorne a/k/a Kelton Hathorne v. State of Mississippi
Date: April 18, 2019
Citation: 2017-CT-00811-SCT
Kelton Hathorne's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Cameron Dwayne May a/k/a Cameron D. May a/k/a Cameron May v. State of Mississippi
Date: April 18, 2019
Citation: 2017-CT-00884-SCT
The Petition for Writ of Certiorari filed by Cameron Dwayne May is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin ans Ishee, JJ. Not Participating: Griffis, J. Order entered.
Craytonia Latroy Badger a/k/a Craytonia Badger a/k/a Craytonia L. Badger v. State of Mississippi
Date: April 18, 2019
Citation: 2017-KA-01141-SCT
Craytonia Badger's Motion to Consider Writ of Certiorari Out of Time is denied. Order entered.
McGrath v. Mississippi  
Date: April 18, 2019
Citation: 2017-KA-01184-SCT
Docket Number: 2017-KA-01184-SCT

Justia Opinion Summary: A jury found Jason McGrath guilty of four counts of sexual battery by a person in a position of trust and one count of touching a child for lustful purposes, charges stemming from McGrath’s sexual assault and molestation...

Arrington v. Mississippi  
Date: April 18, 2019
Citation: 2017-KA-01329-SCT
Docket Number: 2017-KA-01329-SCT

Justia Opinion Summary: Devin Arrington was indicted by grand jury for armed robbery. After jury selection, Arrington requested a continuance to allow him to retain new counsel, which was denied. During his attorney’s opening statement, Arringt...

The Mississippi Bar v. Torrance J. Colvin
Date: April 18, 2019
Citation: 2018-BD-01104-SCT
Seyfarth v. Adams County Board of Supervisors  
Date: April 18, 2019
Citation: 2018-CA-00217-SCT
Docket Number: 2018-CA-00217-SCT

Justia Opinion Summary: The Adams County, Mississippi Board of Supervisors (Board) designated Mount Airy Plantation Road as a public road, placing it on the official county road register in 2000. John Seyfarth petitioned the Board to abandon th...

Johnson v. Goodson  
Date: April 18, 2019
Citation: 2018-CA-00455-SCT
Docket Number: 2018-CA-00455-SCT

Justia Opinion Summary: Judy Johnson appealed the circuit court's affirmance of a county court judgment granting Ronnie Goodson’s motion for summary judgment. Johnson claimed she was injured while she was an invited guest on Goodson’s property...

James Allen Insurance Brokers and Certain Underwriters at Lloyd's, London, Subscribing to Certificate NO. FRO-100944 v. First Financial Bank  
Date: April 18, 2019
Citation: 2018-IA-00307-SCT
Docket Number: 2018-IA-00307-SCT

Justia Opinion Summary: James Allen Insurance Brokers (JAIB) and Certain Underwriters at Lloyd’s, London, Subscribing to Certificate No. FRO-100944 (Lloyd’s) petitioned the Mississippi Supreme Court for interlocutory review of the Simpson Count...

Genesis Hospice Care, LLC v. Mississippi Division of Medicaid  
Date: April 18, 2019
Citation: 2018-SA-00284-SCT
Docket Number: 2018-SA-00284-SCT

Justia Opinion Summary: Genesis Hospice LLC provided outpatient hospice care to Medicaid beneficiaries in the Mississippi Delta. Claims Genesis submitted outside the norm, prompting a Mississippi Division of Medicaid audit. A statistical sample...

The Mississippi Bar v. S. David Pickett
Date: April 18, 2019
Citation: 2019-BD-00099-SCT
William Ray Collins v. State of Mississippi
Date: April 11, 2019
Citation: 2011-M-00743
Skylar O'Kelly a/k/a Skylar Noel O'Kelly v. State of Mississippi
Date: April 11, 2019
Citation: 2016-CT-01147-SCT
The Petition for Certiorari filed by the State of Mississippi is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell and Chamberlin, JJ. To Grant: Randolph, C.J., Beam and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Jeremy Shane Fogleman a/k/a Jeremy Fogleman a/k/a Jeremy S. Fogleman v. State of Mississippi
Date: April 11, 2019
Citation: 2016-CT-01244-SCT
The State of Mississippi's Petition for Writ of Certiorari is granted. To Grant: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Kitchens and King, P.JJ. Not Participating: Griffis, J. Order entered.
Gregory Dunn a/k/a Gregory Todd Dunn v. State of Mississippi
Date: April 11, 2019
Citation: 2016-M-01514
Malouf v. Evans  
Date: April 11, 2019
Citation: 2017-CT-00374-SCT
Docket Number: 2017-CT-00374-SCT

Justia Opinion Summary: A county court judge granted Lisa Evans’s motion for a directed verdict in Michael Malouf’s tort-based lawsuit over boat repairs promised and paid for but allegedly never made. The judge dismissed the case after finding...

Sidney Keith Austin Ferguson a/k/a Sidney Keith Austin a/k/a Sidney Keith Ferguson a/k/a Sydney Ferguson v. State of Mississippi
Date: April 11, 2019
Citation: 2017-CT-00855-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Wilson v. Mississippi  
Date: April 11, 2019
Citation: 2018-KA-00314-SCT
Docket Number: 2018-KA-00314-SCT

Justia Opinion Summary: In 2016, a grand jury indicted Alvin Wilson for sexual battery, specifically for the willful, unlawful and felonious sexual penetration of a child under the age of 14. The indictment provided that at the time of the sexu...

Winfred Forkner v. State of Mississippi
Date: April 11, 2019
Citation: 2018-M-00115-SCT
Winfred Forkner's Motion for Rehearing is denied. Kitchens, P.J., would grant. Griffis, J., not participating.
Phillip Earl Young v. State of Mississippi
Date: April 4, 2019
Citation: 2013-M-00012
Joseph Stevenson v. State of Mississippi
Date: April 4, 2019
Citation: 2014-M-00033
Michael Cochran v. State of Mississippi
Date: April 4, 2019
Citation: 2014-M-00090
The Petition for Leave to Proceed in the Trial Court and for Permission to File Successive Petition for Post-Conviction Relief is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Ishee and Griffis, JJ. To Dismiss: Beam and Chamberlin, JJ. To Grant: Kitchens and King, P.JJ. Order entered.
Dalton Trigg and Dr. Stephen D. Trigg v. Steven Farese, Sr. and Farese, Farese & Farese, P.A.
Date: April 4, 2019
Citation: 2015-CA-00045-SCT
The Motion for Rehearing filed by Appellants is denied. Chamberlin and Griffis, JJ., not participating.
In the Matter of the Estate of Delvyn Nelson, Deceased: Robert Perkins, Natural Father of Delvyn Nelson, Deceased; L.P., a Minor, By and Through Her Next Friend and Natural Mother, Juanita Croom; K.P., a Minor, By and Through Her Next Friend and Natural Mother, Atlay Nelson; and A.G., a Minor, By and Through His Next Friend and Natural Mother, Nykeshia Green v. Roshida Nelson
Date: April 4, 2019
Citation: 2016-CT-01789-SCT
Appellant's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell and Beams, JJ. To Grant: Kitchens, P.J., Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Jason Castle v. Mary Castle
Date: April 4, 2019
Citation: 2017-CT-00213-SCT
Jason Castle's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Cortavius Ferguson a/k/a Cortavius Monta Ferguson a/k/a Tay Tay a/k/a Cortavius M. Ferguson v. State of Mississippi
Date: April 4, 2019
Citation: 2017-CT-00540-SCT
Cortavius Ferguson's Petition for Writ of Certiorari, filed on February 12, 2019, by counsel is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Akem Grassaree a/k/a Akem Grasseree v. State of Mississippi
Date: April 4, 2019
Citation: 2017-CT-01107-SCT
The Petition for Writ of Certiorari filed by counsel for Akem Grassaree is denied. To Deny: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: King, P.J. Not Participating: Griffis, J. Order entered.
Ray James v. State of Mississippi
Date: April 4, 2019
Citation: 2017-CT-01195-SCT
Ray James's Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
David Dickerson v. State of Mississippi
Date: April 4, 2019
Citation: 2018-CA-00710-SCT
The Motion for Leave to File Reply in Support of Motion to Dismiss Appeal of Interlocutory Order filed by the State of Mississippi is granted. The State of Mississippi shall file its Reply in Support of Motion to Dismiss Appeal of Interlocutory Order within seven (7) days of the entry of this order. To Grant: All Justices. Order entered.
Mississippi Commission on Judicial Performance v. McGee  
Date: April 4, 2019
Citation: 2018-JP-01578-SCT
Docket Number: 2018-JP-01578-SCT

Justia Opinion Summary: Judge Jimmy McGee served as a justice court judge for Alcorn County, Mississippi, Post Two. Judge McGee failed to issue final orders on civil matters after conducting hearings and holding cases in abeyance. Furthermore,...

Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi
Date: March 28, 2019
Citation: 2015-DR-00591-SCT
The State of Mississippi's Emergency Motion to Stay Preliminary Post-Conviction Proceeding is granted in part and dismissed in part as moot. Briefing of Curtis Flowers's Petition for Post-Conviction Relief in this Court is stayed pending the United States Supreme Court's decision in Flowers v. Mississippi, No. 17-9572, 2018 WL 3159779 (U.S. filed June 22, 2018). To Grant In Part and Dismiss In Part: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: King, P.J., Ishee and Griffis, JJ. Order entered.
Barham v. Mississippi Power Company  
Date: March 28, 2019
Citation: 2017-CA-00158-SCT
Docket Number: 2017-CA-00158-SCT

Justia Opinion Summary: Families filed suit at the Circuit Court seeking, inter alia, a declaratory judgment that they owned lignite under a Mississippi Power Company (“MPC”) plant built on land MPC had purchased, a fact not disputed by any par...

Timothy Nelson Evans a/k/a Timothy N. Evans a/k/a Timothy Evans a/k/a Tim Evans v. State of Mississippi
Date: March 28, 2019
Citation: 2017-DR-01385-SCT
The Motion for Leave to Supplement the Motion for Post-Conviction Relief filed by Timothy Nelson Evans is granted. The Proposed Petition for Post-Conviction Relief, which is attached to the motion, is accepted as filed. To Grant: All Justices. Order entered.
In Re: Timothy Allen McCoy a/k/a Timothy McCoy
Date: March 28, 2019
Citation: 2017-M-01735
Payton v. Mississippi  
Date: March 21, 2019
Citation: 2016-KA-00378-SCT
Docket Number: 2016-KA-00378-SCT

Justia Opinion Summary: Defendant Howard Payton was convicted for the 2010 kidnapping and rape of a university student. At trial, inter alia, the State presented definitive scientific evidence of guilt: Payton’s DNA matched the DNA sample obtai...

Wayne Johnson Electric Inc. v. Robinson Electric Supply Company, Inc.  
Date: March 21, 2019
Citation: 2017-CA-00805-SCT
Docket Number: 2017-CA-00805-SCT

Justia Opinion Summary: Johnson Electric sued Robinson Electric Supply for numerous claims, including breach of contract, fraud, and a variety of other torts. Johnson asserted that Robinson Electric Supply carried out a fraudulent scheme to ove...

Edward A. Hyde and Pattie Hyde v. Linus Baxter Martin, III, M.D. and Rush Medical Foundation d/b/a Rush Foundation Hospital
Date: March 21, 2019
Citation: 2017-CA-00822-SCT
The Motion for Rehearing filed by Appellees is denied. Chamberlin and Griffis, JJ., not participating.
Arrington v. Mississippi State Board Of Dental Examiners  
Date: March 21, 2019
Citation: 2017-CA-01647-SCT
Docket Number: 2017-CA-01647-SCT

Justia Opinion Summary: Elijah Arrington, III appealed the Mississippi State Board of Dental Examiners’ decision to revoke his dental license. The Mississippi State Board of Dental Examiners (Board) held a disciplinary hearing on June 15, 16, a...

Jeffrey Martin a/k/a Jeffery Earl Martin a/k/a Jeffery E. Martin a/k/a Jeffery Martin v. State of Mississippi
Date: March 21, 2019
Citation: 2017-CT-01112-SCT
The Petition for Writ of Certiorari filed by Jeffrey Martin is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Richard Gerald Jordan v. State of Mississippi
Date: March 21, 2019
Citation: 2017-DR-00989-SCT
The Motion for Rehearing filed by Richard Gerald Jordan is denied. Kitchens and King, P.JJ., would grant.
Greenleaf v. Mississippi  
Date: March 21, 2019
Citation: 2017-KA-01216-SCT
Docket Number: 2017-KA-01216-SCT

Justia Opinion Summary: Alondo Greenleaf was convicted of aggravated assault after stabbing a man in the back. Greenleaf testified it was an accident, and on appeal he contended he received constitutionally ineffective assistance of counsel bec...

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: March 14, 2019
Citation: 2012-DP-00208-SCT
Caleb Corrothers's Motion of Notice is dismissed without prejudice. All Justices Agree. Order entered.
Tommie Lee Page a/k/a Tommie Page v. State of Mississippi
Date: March 14, 2019
Citation: 2013-M-01645
Donald Mark Edwards v. State of Mississippi
Date: March 14, 2019
Citation: 2014-M-01487
Darryl Metcalf a/k/a Peanut v. State of Mississippi
Date: March 14, 2019
Citation: 2016-CT-01083-SCT
The Motion to Petition Writ of Certiorari filed by Darryl Metcalf, pro se is dismissed. Order entered.
Timothy Stratton a/k/a Timothy W. Stratton v. State of Mississippi
Date: March 14, 2019
Citation: 2016-M-00217
Ralph Arnold Smith, Jr., North Central Mississippi Regional Cancer Center, Inc. and William C. Bell v. Hickman, Goza & Spragins, PLLC and Chapman, Lewis & Swan, PLLC
Date: March 14, 2019
Citation: 2017-CA-00129-SCT
The Motion for Rehearing filed by Appellants is denied. Coleman and Griffis, JJ., not participating.
Henderson v. Copper Ridge Homes, LLC  
Date: March 14, 2019
Citation: 2017-CA-00959-SCT
Docket Number: 2017-CA-00959-SCT

Justia Opinion Summary: John and Cindy Henderson filed suit against Copper Ridge Homes (“Copper Ridge”) and First Bank regarding the construction of their new home in Magnolia, Mississippi. The case quickly spiraled into foreclosure proceedings...

Michael T. Gerty and State of Mississippi Ex Rel. Jim Hood, Attorney General v. Joesie R. Gerty
Date: March 14, 2019
Citation: 2017-CP-00828-SCT
The Motion for Rehearing filed by Appellant is denied. Griffis, J., not participating.
James Edward Pryor v. State of Mississippi
Date: March 14, 2019
Citation: 2017-CT-00516-SCT
James Pryor's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
David Nichols a/k/a David Sydney Nichols a/k/a David Sidney Nichols v. State of Mississippi
Date: March 14, 2019
Citation: 2017-CT-01292-SCT
The Motion for Writ of Certiorari filed by David Sidney Nichols, pro se is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Mississippi Gaming & Hospitality Association v. Diamondhead Real Estate, LLC and Mississippi Gaming Commission
Date: March 14, 2019
Citation: 2017-IA-01076-SCT
The Motions for Rehearing filed by Appellant are denied. Griffis, J., not participating.
Mississippi Gaming & Hospitality Association v. RW Development, LLC, MAS, LLC and Mississippi Gaming Commission
Date: March 14, 2019
Citation: 2017-IA-01084-SCT
The Motions for Rehearing filed by Appellant are denied. Griffis, J., not participating.
Joseph Cook v. State of Mississippi
Date: March 14, 2019
Citation: 2017-M-00455
Marcus Chandler v. State of Mississippi
Date: March 14, 2019
Citation: 2017-M-00731
John Ray Kidd v. State of Mississippi
Date: March 14, 2019
Citation: 2017-M-01512
In the Matter of the Estate of Brenda Louise Bargas Flowers  
Date: March 7, 2019
Citation: 2016-CT-00800-SCT
Docket Number: 2016-CT-00800-SCT

Justia Opinion Summary: Claire Clements Flowers (Claire) and Brenda Jane Flowers Paixao (Jane) appealed a chancery court judgment denying their request for an accounting of the estate and testamentary trust of their mother, Brenda Bargas Flower...

Michael Bernard Moore a/k/a Michael B. Moore a/k/a Michael Moore a/k/a Michael Banard Moore v. State of Mississippi
Date: March 7, 2019
Citation: 2016-CT-01408-SCT
The Petition for Writ of Certiorari filed pro se by Michael Bernard Moore is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
J.E., Natural Grandmother and General Guardian of A.C., a Minor, and C.A., Natural Mother and Next Friend of A.C., a Minor v. Jackson Public School District
Date: March 7, 2019
Citation: 2016-CT-01566-SCT
The Petition for Certiorari filed by J.E. and C.A., et al., is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Tracy Marie Miles Williams v. Brent Reid Williams
Date: March 7, 2019
Citation: 2017-CA-01476-SCT
The Motion for Rehearing filed by Appellant is denied. Griffis, J., not participating.
Land Holdings I, LLC d/b/a Scarlet Pearl, LLC v. GSI Services, LLC
Date: March 7, 2019
Citation: 2017-CA-01620-SCT
The Motion for Rehearing filed by Appellant is denied. Griffis, J., not participating.
Waltman v. Engineering Plus, Inc.  
Date: March 7, 2019
Citation: 2017-CA-01747-SCT
Docket Number: 2017-CA-01747-SCT

Justia Opinion Summary: In 2013, Lauderdale County contracted with roofing company Norman Enterprises, Inc. to repair the roof of the Ulmer Building in Meridian, Mississippi. George Waltman, a Norman employee, fell through the roof while perfor...

Willie D. Triplett v. State of Mississippi
Date: March 7, 2019
Citation: 2017-CT-00629-SCT
Willie Triplett's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Thomas Edwin Loden, Jr. v. State of Mississippi
Date: March 7, 2019
Citation: 2017-DR-00870-SCT
The Motion for Rehearing filed by Thomas Edwin Loden, Jr. is denied. Kitchens and King, P.JJ., would grant. Griffis, J., not participating.
Mississippi Farm Bureau Casualty Insurance Company v. Smith  
Date: March 7, 2019
Citation: 2017-IA-01406-SCT
Docket Number: 2017-IA-01406-SCT

Justia Opinion Summary: Dorothy Smith sued her homeowner's insurance carrier, Mississippi Farm Bureau Casualty Insurance Company (“Farm Bureau”), after Farm Bureau denied her claim based on the earth-movement exclusion in the policy. Smith file...

Health Management Associates, Inc. v. Weiner  
Date: March 7, 2019
Citation: 2017-IA-01435-SCT
Docket Number: 2017-IA-01435-SCT

Justia Opinion Summary: Dr. Roger Weiner brought a malicious-prosecution claim against Health Management Associates Inc. and Teena Rowe. Weiner was prosecuted in federal district court for violating the Mann Act; he sought dismissal of the char...

Neely v. Mississippi  
Date: March 7, 2019
Citation: 2017-KA-01514-SCT
Docket Number: 2017-KA-01514-SCT

Justia Opinion Summary: After a jury trial, Douglas Neely was convicted of resisting arrest and felony fleeing a law enforcement officer. The Circuit Court sentenced Neely, for felony fleeing a law enforcement officer, to five years as a habitu...

M. Reid Stanford v. The Mississippi Bar
Date: March 7, 2019
Citation: 2018-BR-00587-SCT
The Motion for Rehearing filed by M. Reid Stanford is denied. Ishee and Griffis, JJ., not participating.
Edwards v. Coca Cola Bottling Company United, Inc.  
Date: March 7, 2019
Citation: 2018-CA-00565-SCT
Docket Number: 2018-CA-00565-SCT

Justia Opinion Summary: Mary Edwards sued Coca-Cola Bottling Company United, Inc. (Coca-Cola), and Willie Lee, Jr., for back injuries sustained when, while shopping at Wal-Mart, she was struck by a cart driven by Lee as he stocked shelves with...

James Earnest Watts a/k/a Squirrel a/k/a James Watts v. State of Mississippi
Date: March 7, 2019
Citation: 2018-CT-00225-SCT
The Petition for Writ of Certiorari filed by James Earnest Watts is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
David Cox v. State of Mississippi
Date: February 28, 2019
Citation: 2015-DR-00978-SCT
The Motion for Clarification filed by counsel for David Cox is denied. All Justices Agree. Order entered.
Quendarius Berjuan Robinson a/k/a Quendarius Robinson a/k/a Quendarius B. Robinson a/k/a Quendarius Brejuan Robinson v. State of Mississippi
Date: February 28, 2019
Citation: 2016-CT-01723-SCT
The Petition for Writ of Certiorari filed by Quendarius Berjuan Robinson is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
T. Mark Sledge v. Grenfell Sledge And Stevens, PLLC d/b/a Grenfell & Stevens, PLLC, James B. Grenfell and John Hunter Stevens, Individually
Date: February 28, 2019
Citation: 2017-CA-00978-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., and Griffis, J., not participating.
Michael Kansler and Vickie Kansler v. Mississippi Department of Revenue
Date: February 28, 2019
Citation: 2017-CA-01295-SCT
The Motion for Rehearing filed by Appellants is denied. Griffis, J., not participating.
Kenneth Brian Weaver a/k/a Kenneth Weaver a/k/a Kenneth B. Weaver v. State of Mississippi
Date: February 28, 2019
Citation: 2017-CT-00255-SCT
The Petition for Writ of Certiorari filed by Kenneth Brian Weaver is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J. Not Participating: Griffis, J. Order entered.
F & S Sand, Inc. v. Stringfellow  
Date: February 28, 2019
Citation: 2017-IA-00962-SCT
Docket Numbers: 2017-IA-00962-SCT, 2017-IA-00963-SCT, 2017-IA-01049-SCT, 2017-IA-01059-SCT, 2017-IA-01061-SCT

Justia Opinion Summary: An interlocutory appeal went before the Mississippi Supreme Court after a circuit court denied Defendants’ motions for transfer of venue and summary judgment in a silica case. On appeal, F&S Sand, Inc.; F&S Sand Abrasive...

Sharkey v. Mississippi  
Date: February 28, 2019
Citation: 2017-KA-01353-SCT
Docket Number: 2017-KA-01353-SCT

Justia Opinion Summary: Eric Sharkey was found guilty of two counts of armed robbery and one count of possession of a firearm by a convicted felon and received three sentences—fifteen years for each armed robbery and ten years for possession, a...

The Mississippi Bar v. Sharon G. Plunkett
Date: February 28, 2019
Citation: 2018-BD-01382-SCT
The Mississippi Bar v. John R. Thomas
Date: February 28, 2019
Citation: 2018-BD-01383-SCT
James C. Graham v. State of Mississippi
Date: February 21, 2019
Citation: 2017-CT-00336-SCT
The Petition for Writ of Certiorari filed by James C. Graham is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Samuel Terrail Young Jr. v. State of Mississippi
Date: February 21, 2019
Citation: 2017-CT-00832-SCT
Samuel Terrail Young, Jr.'s Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Ladale Airosteve Holloway a/k/a Ladale A. Holloway a/k/a Dale Holloway v. State of Mississippi
Date: February 21, 2019
Citation: 2017-CT-01455-SCT
Holloway's petition to stay the mandate is moot. Holloway's Petition for Writ of Certiorari is dismissed as untimely filed. Order entered.
Johnson v. Mississippi  
Date: February 21, 2019
Citation: 2017-KA-00534-SCT
Docket Number: 2017-KA-00534-SCT

Justia Opinion Summary: Jayvious Johnson was convicted of two counts of capital murder with firearm enhancement, one count of kidnapping with firearm enhancement, and one count of conspiracy. The Mississippi Supreme Court concluded after automa...

Hinton v. Pekin Insurance Company  
Date: February 21, 2019
Citation: 2018-CA-00383-SCT
Docket Number: 2018-CA-00383-SCT

Justia Opinion Summary: Timothy Hinton died from injuries sustained in a fall from a tree stand. At the time of his fall, Timothy was wearing a fall-arrest system which included a full-body harness, tether and tree strap. Timothy had purchased...

Derrick Willis v. State of Mississippi
Date: February 14, 2019
Citation: 2012-M-01775
Herman Jackson Jr. a/k/a Herman Jackson III a/k/a Main a/k/a Main Love a/k/a Herman Jackson v. State of Mississippi
Date: February 14, 2019
Citation: 2015-CT-01240-SCT
The Petition for Writ of Certiorari filed by counsel on behalf of Herman Jackson, Jr., is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Gregory Hollins v. State of Mississippi
Date: February 14, 2019
Citation: 2015-M-01601
Ernest T. Jones v. Mississippi Institutions of Higher Learning, Alcorn State University, Darren J. Hamilton, Ph.D., Individually and In His Official Capacity, and George E. Ross, Ph.D., Individually and In His Official Capacity
Date: February 14, 2019
Citation: 2016-CT-01050-SCT
The Petition for Writ of Certiorari filed by the Appellees is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating Griffis, J. Order entered.
La'Darrian McCray a/k/a LaDarrian A. McCray a/k/a LaDarrian McCray a/k/a D.J. v. State of Mississippi
Date: February 14, 2019
Citation: 2016-CT-01592-SCT
La'Darrian McCray's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J. Not Participating: Griffis, J. Order entered.
Reginald Desmond Wallace a/k/a Reginald Wallace v. State of Mississippi
Date: February 14, 2019
Citation: 2016-CT-01647-SCT
The Petition for Writ of Certiorari filed by Reginald Desmond Wallace is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens and King, P.JJ., and Ishee, J. Not Participating: Griffis, J. Order entered.
Elias Gunn a/k/a Elias Scott Gunn v. State of Mississippi
Date: February 14, 2019
Citation: 2017-CP-00753-SCT
The Petition for Writ of Certiorari filed by Elias Gunn, pro se is dismissed as untimely. Order entered.
Camara Johnson v. State of Mississippi
Date: February 14, 2019
Citation: 2017-CT-00313-SCT
Camara Johnson's Petition for Writ of Certiorari is denied. Order entered.
Christopher Wise a/k/a Christopher Dontarius Wise a/k/a Christopher D. Wise v. State of Mississippi
Date: February 14, 2019
Citation: 2017-CT-00349-SCT
Christopher Wise's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
John F. Ware a/k/a John Fitzgerald Ware a/k/a John Ware v. State of Mississippi
Date: February 14, 2019
Citation: 2017-CT-00853-SCT
John F. Ware's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.
Nunn v. Mississippi  
Date: February 14, 2019
Citation: 2018-KA-00198-SCT
Docket Number: 2018-KA-00198-SCT

Justia Opinion Summary: Timothy Nunn was convicted by jury of unlawful possession of a firearm by a convicted felon. He was sentenced as a habitual offender to ten years without the possibility of parole or early release. Nunn appealed when the...

Willie Curry a/k/a Willie E. Curry a/k/a Willie Earl Curry a/k/a Willie L. Curry v. State of Mississippi
Date: February 14, 2019
Citation: 2018-M-01543
Willie Earl Curry's Motion for Leave to File Post-Conviction Petition is dismissed. To Dismiss: Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, C.J., Coleman and Griffis, JJ. Order entered.
In Re: Commission on Children's Justice
Date: February 14, 2019
Citation: 89-R-99037-SCT
En banc order charging the Commission on Children's Justice with developing a statewide comprehensive approach to identify areas needing improvement in children's justice issues, making recommendations for improvement of those areas, and monitoring the implementation of recommended reforms selecting 35 persons to serve on the Commission, subject to their agreement to serve directing the Commission to review such reports, studies, and materials as it deems appropriate, study legislation, analyze the use of court improvement funds, and submit recommendations to the En Banc Conference of the Mississippi Supreme Court for any necessary changes to improve the court systems for children and appointing Justice Dawn Beam, Judge Rhea Sheldon, and Judge Thomas Broome to serve as Co-Chairs of the Commission. Order entered.</ul><br><hr>
Adam Rosenfelt and Element Studios, LLC v. Mississippi Development Authority and Glenn McCullough, Jr., in his Official Capacity as Executive Director of the Mississippi Development Authority
Date: February 7, 2019
Citation: 2017-CA-01120-SCT
The Motion for Rehearing filed by Appellants is denied. Griffis, J., not participating.
Clark v. Neese  
Date: January 31, 2019
Citation: 2016-CA-01052-SCT
Docket Numbers: 2016-CA-01052-SCT, 2012-CA-00653-SCT

Justia Opinion Summary: Helen Schroeder appealed a circuit court's grant of summary judgment to the Estate of Harry Schroeder, arguing that the trial court erred in finding that the Estate was entitled to judgment as a matter of law on the grou...

Michael Donaldson a/k/a Michael Paul Donaldson a/k/a Mike Donaldson v. State of Mississippi
Date: January 31, 2019
Citation: 2016-CT-01207-SCT
Michael Donaldson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J. Order entered.
Alexander v. DeForest  
Date: January 31, 2019
Citation: 2017-CA-00356-SCT
Docket Number: 2017-CA-00356-SCT

Justia Opinion Summary: This appeal arose after Matthew DeForest petitioned for a Determination of Heirs-At-Law and Wrongful Death Beneficiaries following the death of his natural father, Jeff Underhill. Joe Alexander, Underhill’s brother, file...

Hyde v. Martin  
Date: January 31, 2019
Citation: 2017-CA-00822-SCT
Docket Number: 2017-CA-00822-SCT

Justia Opinion Summary: Edward and Pattie Hyde brought a medical-negligence case based on loss of chance. Their theory was that the treating physician’s and hospital’s failure to properly test for and timely diagnose Edward’s stroke resulted in...

The Door Shop, Inc. v. Alcorn County Electric Power Association  
Date: January 31, 2019
Citation: 2017-CA-00956-SCT
Docket Number: 2017-CA-00956-SCT

Justia Opinion Summary: From November 2004 to January 2011, The Door Shop, Inc., utilized $36,081.86 of electricity from Alcorn County Electric Power Association (ACE). But because of a billing error, it was charged only $10,396.28. Upon discov...

V'Nell L. Miskell a/k/a V'Nell Miskell a/k/a V'Nell Lee Miskell v. State of Mississippi
Date: January 31, 2019
Citation: 2017-CT-00136-SCT
The Petition for Certiorari filed by V'Nell L. Miskell is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Waller, C.J. Order entered.
Justin Peterson a/k/a Justin Dale Peterson a/k/a Justin D. Peterson v. State of Mississippi
Date: January 31, 2019
Citation: 2017-CT-00148-SCT
Justin Peterson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam, Chamberlin and Ishee, JJ. To Dismiss: Coleman, J. Order entered.
Randle v. Ivy  
Date: January 31, 2019
Citation: 2017-EC-01587-SCT
Docket Number: 2017-EC-01587-SCT

Justia Opinion Summary: Tommie James Ivy Sr. filed an election contest against William Randle Jr. and the Democratic Executive Committee of the City of Okolona, Mississippi following the primary election of the Democratic nominee for the office...

Binning v. State of Mississippi  
Date: January 31, 2019
Citation: 2018-CA-00070-SCT
Docket Number: 2018-CA-00070-SCT

Justia Opinion Summary: The State of Arizona and Williams Gaming, Inc. (WMS), a manufacturer of electronic gaming machines, initiated a civil asset forfeiture against money Randy Binning had won, in part, in Tunica, Mississippi, casinos. Binnin...

Colony Insurance Company v. First Specialty Insurance Corporation  
Date: January 31, 2019
Citation: 2018-FC-00574-SCT
Docket Number: 2018-FC-00574-SCT

Justia Opinion Summary: The Fifth Circuit Court of Appeals certified a question of state law to the Mississippi Supreme Court pertaining to an incident at Omega Protein Corporation’s (Omega) facility that resulted in the death of an employee of...

Jonsha Bell v. State of Mississippi
Date: January 31, 2019
Citation: 2018-M-00530
In Re: Administrative Orders of the Supreme Court of Mississippi
Date: January 31, 2019
Citation: 2019-AD-00001-SCT
En banc order appointing Jamie Patrick as a Deputy Marshal of the Supreme Court of Mississippi effective March 1, 2019. Order entered: 1/24/19.</ul><br><hr>
Roger Dale Latham v. Terry W. Johnson, John W. Robinson III and Craig Trahan
Date: January 24, 2019
Citation: 2015-CT-00722-SCT
Roger Dale Latham's Petition for Certiorari is denied. All Justices Agree. Order entered.
Julius Scott Turner a/k/a Julius S. Turner a/k/a Julius Turner v. State of Mississippi
Date: January 24, 2019
Citation: 2016-CT-00815-SCT
Julius Scott Turner's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.
Douglas Walker a/k/a Douglas L. Walker a/k/a Douglas Lamar Walker v. State of Mississippi
Date: January 24, 2019
Citation: 2016-CT-01442-SCT
Douglas Walker's Petition for Writ of Certiorari is denied. All Justices to Deny. Order entered.
Gary Dewayne Allen a/k/a Gary Allen a/k/a Gary D. Allen v. State of Mississippi
Date: January 24, 2019
Citation: 2016-CT-01706-SCT
The Petition for Writ of Certiorari filed pro se by Gary Dewayne Allen is denied. All Justices Agree. Order entered.
Norman v. Anderson Regional Medical Center  
Date: January 24, 2019
Citation: 2017-CA-00153-SCT
Docket Number: 2017-CA-00153-SCT

Justia Opinion Summary: The estate and beneficiaries of Charles Norman, Sr., appeal the trial court’s exclusion of Norman’s medical experts and grant of summary judgment in favor of Anderson Regional Medical Center. In 2011, Charles Norman, Sr....

United Airlines, Inc., Improperly Named as United Airlines Corporation v. Martin H. McCubbins
Date: January 24, 2019
Citation: 2017-CT-00154-SCT
The Petition for Writ of Certiorari filed by counsel for Martin H. McCubbins is denied. To Deny: All Justices. Order entered.
Welford Lee McCarty a/k/a Levi McCarty a/k/a Pork Chop v. State of Mississippi
Date: January 24, 2019
Citation: 2017-CT-00414-SCT
The Petition for Writ of Certiorari filed by Welford Lee McCarty is denied. To Deny: All Justices. Order entered.
Tobias Coleman a/k/a Tobias R. Coleman a/k/a Tobias Rayshun Coleman a/k/a Tabias Coleman a/k/a Tabias Rayshun Coleman v. State of Mississippi
Date: January 24, 2019
Citation: 2017-KA-00342-SCT
The Motion for Rehearing filed by the Appellee is denied. Randolph, P.J., and Maxwell, J., would grant.
Whittaker v. Mississippi  
Date: January 24, 2019
Citation: 2017-KA-01651-SCT
Docket Number: 2017-KA-01651-SCT

Justia Opinion Summary: William Whittaker was convicted of four counts relating to the sexual abuse of his six-year-old daughter, Betty. On appeal, Whittaker claims he received ineffective assistance of counsel because his defense attorney did...

Thong Le v. State of Mississippi
Date: January 24, 2019
Citation: 2018-M-01478-SCT
The Petition for Interlocutory Appeal filed by Thong Le is denied. The Motion to Place Privileged Documents Under Seal filed by Thong Le is dismissed as moot. All Justices Agree to Deny the Petition. To Dismiss the Motion as Moot: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Dismiss the Motion: King, J. Order entered.
In Re: Administrative Orders of the Supreme Court of Mississippi
Date: January 24, 2019
Citation: 2019-AD-00001-SCT
En banc order directing the disbursement of $176,478.01 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Randolph, P.J., has no objection. Order entered 1/16/19.</ul><br><hr>
In Re: State Drug Courts Advisory Committee
Date: January 24, 2019
Citation: 89-R-99039-SCT
En banc order appointing Melody Madaris to succeed Melody Winston, resigned, as a member of the State Drug Courts Advisory Committee effective upon entry of this order and for the balance of the term expiring December 31, 2019. Order entered: 1/16/19.</ul><br><hr>
Ronk v. Mississippi  
Date: January 17, 2019
Citation: 2015-DR-01373-SCT
Docket Number: 2015-DR-01373-SCT

Justia Opinion Summary: Timothy Ronk was convicted of capital murder and armed robbery for the 2008 stabbing death of Michelle Craite and the intentional arson of where she resided. He was sentenced to death and thirty years in prison, respecti...

In the Matter of the Enlarging, Extending and Defining the Corporate Limits and Boundaries of the City of Clarksdale, Coahoma County, Mississippi v. City of Clarksdale  
Date: January 17, 2019
Citation: 2016-AN-01696-SCT
Docket Number: 2016-AN-01696-SCT

Justia Opinion Summary: The Chancery Court of Coahoma County granted in part the petition of the City of Clarksdale, Mississippi, to annex land situated in Coahoma County that surrounded the city. Coahoma County appealed, arguing that the chanc...

James Howard Gray a/k/a James Gray v. State of Mississippi
Date: January 17, 2019
Citation: 2016-CT-00577-SCT
James Howard Gray's Petition for Writ of Certiorari is dismissed as untimely. Agree: Waller, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Disagree: Kitchens, P.J., and King, J. To Deny: Randolph, P.J. Order entered 1/09/19.
Smith v. Hickman  
Date: January 17, 2019
Citation: 2017-CA-00129-SCT
Docket Number: 2017-CA-00129-SCT

Justia Opinion Summary: This appeal was one of many civil and criminal cases arising out of the attempted murder of Lee Abraham, allegedly orchestrated by Dr. Arnold Smith. The trial court sanctioned Smith’s attorney, William Bell, for violatin...

Marilyn Newsome, Individually and as Conservator/Conservatrix of Victoria Newsome v. Peoples Bancshares d/b/a Peoples Bank and Chris Dunn
Date: January 17, 2019
Citation: 2017-CA-00375-SCT
The Motion for Rehearing filed by Peoples Bank is denied. Beam, J., not participating.
Latham v. Latham  
Date: January 17, 2019
Citation: 2017-CA-00856-SCT
Docket Number: 2017-CA-00856-SCT

Justia Opinion Summary: Michele and Roger Latham divorced in 2016. In 2017, Michele filed a petition for contempt against Roger, claiming that he had failed to comply with the divorce judgment. After a hearing, the chancellor found Roger in con...

Williams v. Williams  
Date: January 17, 2019
Citation: 2017-CA-01476-SCT
Docket Number: 2017-CA-01476-SCT

Justia Opinion Summary: Brent and Tracy Williams were granted an irreconcilable-differences divorce, and the chancellor resolved the issues upon which the parties could not agree. At issue in the direct appeal was: (1) whether the chancellor er...

Land Holdings I, LLC d/b/a Scarlet Pearl, LLC v. GSI Services, LLC  
Date: January 17, 2019
Citation: 2017-CA-01620-SCT
Docket Number: 2017-CA-01620-SCT

Justia Opinion Summary: Land Holdings I, LLC, d/b/a Scarlet Pearl, LLC (“Casino”), sought to expunge a lien filed by GSI Services, LLC (“GSI”). The chancellor denied the Casino’s petition to expunge the lien because GSI performed work at the Ca...

Darius Santwain Jones a/k/a Darius S. Jones a/k/a Darius Jones, Sr. a/k/a Crip Crazy a/k/a Darius S. Jones, Sr. a/k/a Darius Jones v. State of Mississippi
Date: January 17, 2019
Citation: 2017-CT-00248-SCT
The Petition for Writ of Certiorari filed by Darius Santwain Jones is denied. To Deny: All Justices. Order entered.
Michael J. Malouf v. Lisa Evans d/b/a Lake Harbour Marine
Date: January 17, 2019
Citation: 2017-CT-00374-SCT
Michael Malouf's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Randolph and Kitchens, P.JJ., and Maxwell, J. To Deny: King, Coleman, Beam, Chamberlin and Ishee, JJ. Order entered.
Todd Michael Claverie a/k/a Todd M. Claverie a/k/a Todd Claverie v. State of Mississippi
Date: January 17, 2019
Citation: 2017-CT-00433-SCT
The Petition for a Writ of Certiorari, titled "Cover Letter," filed by Todd Michael Claverie is denied. All Justices Agree. Order entered.
Mississippi Gaming & Hospitality Association v. Diamondhead Real Estate, LLC  
Date: January 17, 2019
Citation: 2017-IA-01076-SCT
Docket Numbers: 2017-IA-01076-SCT, 2017-IA-01084-SCT

Justia Opinion Summary: The Mississippi Gaming & Hospitality Association (Association) petitioned the Mississippi Supreme Court for interlocutory review of a circuit court judgment denying its motions to participate as a respondent-appellee in...

Thomas v. Mississippi  
Date: January 17, 2019
Citation: 2017-KA-00812-SCT
Docket Number: 2017-KA-00812-SCT

Justia Opinion Summary: Lennon Thomas entered a small Hattiesburg, Mississippi convenience store with a bandana covering his face and carrying a gun. Once inside, he ran behind the cashier’s counter where the cashier had returned from a bank ru...

M. Reid Stanford v. The Mississippi Bar
Date: January 17, 2019
Citation: 2018-BR-00587-SCT
Jackson County, Mississippi v. KPMG, LLP  
Date: January 17, 2019
Citation: 2018-CA-00071-SCT
Docket Number: 2018-CA-00071-SCT

Justia Opinion Summary: The Mississippi Supreme Court previously unanimously held that KPMG, LLP could not enforce arbitration agreements attached to five annual engagement letters with Singing River Health System (Singing River), a community h...

Forkner v. Mississippi  
Date: January 17, 2019
Citation: 2018-M-00115-SCT
Docket Number: 2018-M-00115-SCT

Justia Opinion Summary: In 2001, a jury convicted Winfred Forkner of burglary of a storehouse, for which he was sentenced as a habitual offender to life without the possibility of parole. Forkner filed three prior motions for post-conviction re...

Delta Regional Medical Center; Premier Anesthesia of Mississippi; Hamilton McGee, M.D.; and John Sims, CRNA; and John Does 1-10 v. Archie Parnell, on Behalf of the Wrongful Death Beneficiaries of Cassandra Evette Estes, Deceased
Date: January 17, 2019
Citation: 2018-M-01396-SCT
The Petition for Permission to Appeal Interlocutory Order filed by Dr. Hamilton McGee, John Sims, and Premier Anesthesia of Mississippi is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: King, J. Order entered.
Zundria D. Crawford v. The Mississippi Board of Bar Admissions
Date: January 17, 2019
Citation: 2018-TS-00959
The Motion for Reconsideration or, Alternatively, to Amend, Correct or Clarify this Court's Order Entered October 29, 2018 filed by Zundria D. Crawford, pro se, is denied. To Deny: All Justices. Order entered.
Lori Griffin a/k/a Lori Ann Griffin a/k/a Lori A. Griffin a/k/a Lori Ann Searcy v. State of Mississippi
Date: January 10, 2019
Citation: 2014-CT-01335-SCT
The Petition for Writ of Certiorari filed by counsel for Lori Griffin is denied. The Petition for Writ of Certiorari filed pro se by Lori Griffin is also denied. To Deny Both Petitions: All Justices. Order entered 12/20/18.
Estate of Francis N. Burgess Sr. v. H. Alex Trotter
Date: January 10, 2019
Citation: 2016-CT-01496-SCT
The Petition for Writ of Certiorari filed by counsel for Petitioner is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ. Not Participating: Maxwell, J. Order entered.
Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc. v. Jim Hood, Attorney General of the State of Mississippi, ex rel. and State of Mississippi
Date: January 10, 2019
Citation: 2016-IA-01385-SCT
The Motions for Rehearing filed by Fresenius Medical Care Holdings, Inc., and Fresenius USA, Inc. are denied.
Charles Norman, Jr., Individually and on Behalf of all Wrongful Death Beneficiaries of Charles Norman, Sr., and the Estate of Pat Norman v. Anderson Regional Medical Center
Date: January 10, 2019
Citation: 2017-CA-00153-SCT
These two appeals are de-consolidated and will be decided separately. The Clerk is directed to take all steps necessary to effectuate the de-consolidation of these two appeals. Chamberlin, J., not participating. Order entered 12/18/18.
Edward A. Hyde and Pattie Hyde v. Linus Baxter Martin, III, M.D. and Rush Medical Foundation d/b/a Rush Foundation Hospital
Date: January 10, 2019
Citation: 2017-CA-00822-SCT
These two appeals are de-consolidated and will be decided separately. The Clerk is directed to take all steps necessary to effectuate the de-consolidation of these two appeals. Chamberlin, J., not participating. Order entered 12/18/18.
KPMG, LLP v. Singing River Health System a/k/a Singing River Hospital System
Date: January 10, 2019
Citation: 2017-CA-01047-SCT
The Motion for Rehearing filed by the Appellant is denied.
Clarence Lovett a/k/a Clarence Lamar Lovett v. State of Mississippi
Date: January 10, 2019
Citation: 2017-CT-00430-SCT
The Petition for Writ of Certiorari filed pro se by Clarence Lovett is dismissed as untimely filed. Order entered.
Patrick Dantre Fluker a/k/a Patrick D. Fluker a/k/a Patrick Fluker v. State of Mississippi
Date: January 10, 2019
Citation: 2017-CT-00734-SCT
Patrick Fluker's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.
Malcolm K. Patrick a/k/a Malcolm Kendrel Patrick a/k/a Malcolm Patrick v. State of Mississippi
Date: January 10, 2019
Citation: 2017-CT-00854-SCT
The State of Mississippi's Petition for Writ of Certiorari is denied. To Deny: Kitchens, P.J., King, Coleman, Beam, Chamberlin and Ishee, JJ. To Grant: Waller, C.J., Randolph, P.J., and Maxwell, J. Order entered 12/21/18.
Kenneth L. Ostrowski Jr. v. City of D'Iberville, Mississippi
Date: January 10, 2019
Citation: 2017-CT-01117-SCT
The Petition for Writ of Certiorari filed by Kenneth L. Ostrowski, Jr. is denied. To Deny: All Justices. Order entered.
Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc. v. Jim Hood, Attorney General of the State of Mississippi ex rel. State of Mississippi
Date: January 10, 2019
Citation: 2017-IA-00443-SCT
The Motions for Rehearing filed by Fresenius Medical Care Holdings, Inc., and Fresenius USA, Inc. are denied.
Clinton Healthcare, LLC v. Atkinson  
Date: January 10, 2019
Citation: 2017-IA-00946-SCT
Docket Number: 2017-IA-00946-SCT

Justia Opinion Summary: Mary Mac Atkinson alleged she was injured after slipping on a liquid substance at Clinton Healthcare. After the parties conducted significant amounts of discovery, Atkinson moved for a spoliation determination, requestin...

The Mississippi Bar v. Kenneth K. Crites
Date: January 10, 2019
Citation: 2018-BD-01238-SCT
Deanna Rudd v. State Farm Fire and Casualty Company
Date: January 10, 2019
Citation: 2018-M-01390-SCT
Deanna Rudd's Petition for Interlocutory Appeal Including Supporting Brief shall be treated as a timely filed notice of appeal under Rule 4 of the Mississippi Rules of Appellate Procedure. To Treat as a Notice of Appeal: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J., and Coleman, J. Order entered.
In Re: The Rules of Civil Procedure
Date: January 10, 2019
Citation: 89-R-99001-SCT
The Motion to Amend Rule 4 and Rule 81 of the Mississippi Rules of Civil Procedure, filed by this Court's Advisory Committee on Rules is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>
In Re: Mississippi Rules of Evidence
Date: January 10, 2019
Citation: 89-R-99002-SCT
The Motion to Amend Rule 502 of the Mississippi Rules of Evidence, filed by this Court's Advisory Committee on Rules is dismissed without prejudice. All Justices Agree. Order entered.</ul><br><hr>
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