Supreme Court of Mississippi Decisions 2021
Date: December 16, 2021
Citation: 2013-DR-00491-SCT
Motion for Approval of Attorney Fees and Expenses is granted. All Justices Agree. Order entered 12/9/21.
Date: December 16, 2021
Citation: 2015-DR-01378-SCT
Justin Underwood's Petition for Post-Conviction Relief is denied. All Justices Agree. Kitchens, P.J., for the Court. Order entered.
Date: December 16, 2021
Citation: 2019-CT-01554-SCT
Request for Review by the Supreme Court of Decision of Court of Appeals on Writ of Certiorari filed by Appellants Timothy A. Johnson and Carolyn Johnson is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 12/8/21.
Date: December 16, 2021
Citation: 2019-CT-01669-SCT
Petition for Writ of Certiorari filed by Appellant Christopher Shane Strickland, Sr., on Behalf of and as Next Friend of Christopher Shane Strickland, Jr., is granted. To Grant: Kitchens and King, P.JJ., Coleman, Beam and Ishee, JJ. To Deny: Randolph, C.J., Maxwell, Chamberlin and Griffis, JJ. Order entered 12/14/21.
Date: December 16, 2021
Citation: 2019-CT-01863-SCT
Petition for a Writ of Certiorari filed by Veto F. Roley is denied. To Deny: All Justices. Order entered 12/13/21.
Date: December 16, 2021
Citation: 2019-M-01864-SCT
Justin Underwood's Petition for Permission to Appeal Circuit Court's Order Declining Jurisdiction Over Petitioner's Motion for Access is denied. All Justices Agree. Order entered.
Date: December 16, 2021
Citation: 2020-CA-00293-SCT
Docket Number: 2020-CA-00293-SCT
Justia Opinion Summary: A jury returned a $4 million verdict in favor of Plaintiff Jana Bracewell, Administratix of the Estate of Cameron Chase Hill, in a medical negligence/wrongful-death suit against Defendants, B. Michael Weber, M.D., and…
Date: December 16, 2021
Citation: 2020-KA-00060-SCT
Docket Number: 2020-KA-00060-SCT
Justia Opinion Summary: Antwoine Cork was convicted by jury on three counts of sale of a controlled substance for selling cocaine to a police informant three times. Pursuant to the habitual and subsequent offender sentencing enhancements, the…
Date: December 16, 2021
Citation: 2021-IA-01089-SCT
Jessica Aycock's Petition for Interlocutory Appeal is granted. The notice of appeal is deemed filed, and the filing fee is due and payable to the Clerk of the Court. The county court's September 8, 2021, "Order Appointing 'Umpire' (Arbitrator)" is vacated and this case is remanded to the county court for further proceedings consistent with this Order. All Justices Agree. Order entered 12/8/21.
Date: December 9, 2021
Citation: 2018-CT-00381-SCT
Jeremy Dean Martin's Petition for Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Ishee, J. Order entered 12/2/21.
Date: December 9, 2021
Citation: 2018-M-01768
Tremayne Whittle's Application for Leave to Proceed in the Trial Court and attached Motion for Post-Conviction Relief to Vacate Conviction and Illegal Sentence is denied. Whittle is warned that any future filings deemed frivolous may result not only in monetary sanctions, but also in restrictions on filing applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis. See Order, Dunn. v. State, No. 2016-M-01514, at *2 (Miss. Nov. 15, 2018) (warning of sanctions) see also En Banc Order, Dunn v. State, No. 2016-M-01514, at *2 (Miss. Apr. 11, 2019) (restricting Dunn's in forma pauperis status). To Deny with Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 11/30/21.
Date: December 9, 2021
Citation: 2019-CT-00556-SCT
Petition for Writ of Certiorari filed by Nathan Fisher is denied. To Deny: All Justices. Order entered 12/1/21.
Date: December 9, 2021
Citation: 2019-CT-01086-SCT
Dunta Dotson's Petition for Certiorari is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 11/30/21.
Date: December 9, 2021
Citation: 2019-CT-01158-SCT
Petition for Writ of Certiorari of St. Dominic Ambulatory Surgery Center, LLC, filed by counsel for the Petitioner is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Griffis, J. Order entered 12/3/21.
Date: December 9, 2021
Citation: 2019-CT-01581-SCT
Petition for Writ of Certiorari filed by Appellant James Sims is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 12/2/21.
Date: December 9, 2021
Citation: 2019-CT-01683-SCT
The Petition for Writ of Certiorari filed by Max Davis was granted by order of the Court on September 28, 2021. 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 hereby dismissed on the Court's own motion. All Justices Agree. Maxwell, J., for the Court. Order entered 12/2/21.
Date: December 9, 2021
Citation: 2019-CT-01821-SCT
Petition for Writ of Certiorari filed by Diane Christmas is granted. To Grant: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens, P.J. Order entered 12/1/21.
Date: December 9, 2021
Citation: 2020-CA-00928-SCT
Docket Number: 2020-CA-00928-SCT
Justia Opinion Summary: After a sinkhole formed on the leasehold of Jad Khalaf, the Pearl River Valley Water Supply District (District) filed a complaint against Khalaf to recoup the costs of repairing the sinkhole and for other relief. Khalaf…
Date: December 9, 2021
Citation: 2020-CA-01217-SCT
Docket Number: 2020-CA-01217-SCT
Justia Opinion Summary: Summary judgment was granted to Ocwen Loan Servicing, LLC (Ocwen), as were motions to dismiss filed by Jennifer Shackelford (Shackelford), Liberty Home Equity Solutions, Inc. (Liberty), and Professional Services of Potts…
Date: December 9, 2021
Citation: 2020-CA-01265-SCT
The motion for rehearing filed by Appellant is denied.
Date: December 9, 2021
Citation: 2020-CT-00558-SCT
Petition for Writ of Certiorari filed by Mississippi Farm Bureau Casualty Insurance Company is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, C.J., Ishee and Griffis, JJ. Order entered 11/30/21.
Date: December 9, 2021
Citation: 2020-EC-00909-SCT
Docket Number: 2020-EC-00909-SCT
Justia Opinion Summary: After losing their bids for the November 2019 elections for Quitman County Chancery and Circuit Clerk, Shirley Smith Taylor and Tea “Windless” Keeler, respectively, filed election contests. In July 2020, following a…
Date: December 9, 2021
Citation: 2021-IA-00013-SCT
Docket Number: 2021-IA-00013-SCT
Justia Opinion Summary: Two employees of RGH Enterprises, Inc. (RGH), stole valuables that belonged to the Ghafarianpoors while cleaning their residence in preparation of restoration the residence. The Ghafarianpoors sought recovery under…
Date: December 9, 2021
Citation: 2021-M-01306-SCT
Pursuant to Canon 5F of the Code of Judicial Conduct, the following persons are appointed as members of the Judicial Election Oversight Committee: Hon. Jack L. Wilson, James H. Heidelberg, and David F. Delgado to four-year terms LaToya T. Jeter, Hon. M. Ronald Doleac, and James L. Weir to three-year terms and Hon. Edward E. Patten, Jr., Paul P. Blake, and Thomas A. Wicker to two-year terms. Order entered: 12/2/21.</ul><br><hr>
Date: December 9, 2021
Citation: 89-R-99013-SCT
Canon 5F of the Code of Judicial Conduct is amended as set forth in Exhibit A. The Amendment is effective immediately. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series (Mississippi Edition). Agree: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Disagree: Kitchens and King, P.JJ., and Coleman, J. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 11/30/21.</ul><br><hr>
Date: December 2, 2021
Citation: 2015-CA-01013-SCT
The motion for rehearing filed by Appellees is denied. Kitchens and King, P.JJ., would grant. Maxwell and Chamberlin, JJ., not participating.
Date: December 2, 2021
Citation: 2019-CT-00773-SCT
Petition for Writ of Certiorari filed pro se by Gene Gales, Jr., is denied. All Justices Agree. Order entered 11/16/21.
Date: December 2, 2021
Citation: 2019-CT-01505-SCT
Appellee SW Gaming LLC's Petition for Writ of Certiorari is granted. To Grant: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. Order entered 11/23/21.
Date: December 2, 2021
Citation: 2019-CT-01711-SCT
Alvin Barnes's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 11/24/21.
Date: December 2, 2021
Citation: 2019-CT-01740-SCT
Dorothy Lavon Coleman's Petition for Writ of Certiorari is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Randolph, C.J., and Griffis, J. Order entered 11/29/21.
Date: December 2, 2021
Citation: 2019-IA-01265-SCT
The motion for rehearing filed by Appellants is denied. Kitchens and King, P.JJ., and Griffis, J., would grant. Ishee, J., not participating.
Date: December 2, 2021
Citation: 2020-BD-01354-SCT
Attorney Candace L. Williamson is hereby suspended from the practice of law pending the Court's final resolution of the pending petition for discipline filed by the Mississippi Bar. All Justices Agree. Entry date: 11/23/21.</ul><br><hr>
Date: December 2, 2021
Citation: 2020-CT-00224-SCT
Andre Davis's pro se Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ. Coleman, Maxwell, Beam, Ishee and Griffis, JJ. Not Participating: Chamberlin, J. Order entered 11/24/21.
Date: December 2, 2021
Citation: 2020-CT-00341-SCT
Petition for Writ of Certiorari filed by Appellant Chase Dear is denied. To Deny: All Justices. Order entered 11/17/21.
Date: December 2, 2021
Citation: 2021-AD-00001-SCT
The Petition of the Commission on Continuing Legal Education is granted. For the 2021-2022 CLE reporting year, attorneys may complete their CLE obligations set forth in Rule 3 through online, webinars or live, in-person programs. Such CLE courses must comply with the remaining provisions of Rules 3 and 4. Any attorney who is unable to comply with the temporary amendments may seek a hardship exemption and/or extension from the Commission. The new lawyer program set forth in Rule 3b shall be temporarily amended to allow newly admitted lawyers who are to complete the program by July 31, 2022, to complete the required courses through online, webinars or live, in-person programs, as approved by the Commission. Any newly admitted attorney who is unable to comply with the temporary amendments may seek a hardship exemption and/or extension from the Commission. Agree: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Disagree: Coleman, J. Order entered 11/18/21.</ul><br><hr>
Date: December 2, 2021
Citation: 89-R-99011-SCT
The Petition of the Commission on Continuing Legal Education is granted. For the 2021-2022 CLE reporting year, attorneys may complete their CLE obligations set forth in Rule 3 through online, webinars or live, in-person programs. Such CLE courses must comply with the remaining provisions of Rules 3 and 4. Any attorney who is unable to comply with the temporary amendments may seek a hardship exemption and/or extension from the Commission. The new lawyer program set forth in Rule 3b shall be temporarily amended to allow newly admitted lawyers who are to complete the program by July 31, 2022, to complete the required courses through online, webinars or live, in-person programs, as approved by the Commission. Any newly admitted attorney who is unable to comply with the temporary amendments may seek a hardship exemption and/or extension from the Commission. Agree: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Disagree: Coleman, J. Order entered 11/18/21.</ul><br><hr>
Date: December 2, 2021
Citation: 89-R-99016-SCT
En banc order appointing or reappointing the following persons for the indicated terms as members of the Advisory Committee on Rules: Hon. Jack L. Wilson, Hon. Carter Bise, Hon. Ashley Hines, Hon. Kevin Adams, Jimmy B. Wilkins, Esq., Justin T. Cook, Esq., Cynthia I. Mitchell, Esq., and Edward J. Currie, Jr., Esq. Order entered 11/17/21.</ul><br><hr>
Date: November 18, 2021
Citation: 2018-CT-00778-SCT
Darwin Marquel Wells, Jr.'s Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 11/4/21.
Date: November 18, 2021
Citation: 2019-CA-01281-SCT
Docket Number: 2019-CA-01281-SCT
Justia Opinion Summary: In 2018, five of the late Richard Redd’s six children (Petitioners) sought the appointment of a conservator and guardian over their mother, Joyce Redd. They also sought various temporary, preliminary, and permanent…
Date: November 18, 2021
Citation: 2019-CT-01343-SCT
Appellants' Petition for Writ of Certiorari filed by Michael Audy McCool and Audy David McCool is denied. All Justices Agree. Order entered 11/15/21.
Date: November 18, 2021
Citation: 2019-CT-01367-SCT
Petition for a Writ of Certiorari filed by Donald Brent Grafton and Wendy Grafton is denied. All Justices Agree. Order entered 11/8/21.
Date: November 18, 2021
Citation: 2019-CT-01450-SCT
Petition for Writ of Certiorari filed by Ashton Johnson is denied. All Justices Agree. Order entered 11/4/21.
Date: November 18, 2021
Citation: 2019-CT-01702-SCT
Holcomb, Dunbar, Watts, Best, Masters & Golmon, P.A.'s Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J., and Beam, J. Order entered 11/3/21.
Date: November 18, 2021
Citation: 2019-IA-01630-SCT
Docket Numbers: 2019-IA-01630-SCT, 2019-IA-01653-SCT
Justia Opinion Summary: Two cases were consolidated for the Mississippi Supreme Court's review. In the first appeal, Singing River MOB, LLC (MOB), argued that the leases between itself and Singing River Health System (SRHS) and the lease…
Date: November 18, 2021
Citation: 2020-CA-00827-SCT
Docket Number: 2020-CA-00827-SCT
Justia Opinion Summary: A circuit court denied Brittany Spiers leave to amend her complaint, and granted a motion to dismiss brought by Oak Grove Credit, LLC (OGC), and other companies, including, Columbia Credit, LLC, Pine Belt Credit, LLC,…
Date: November 18, 2021
Citation: 2020-CT-00116-SCT
Petition for Writ of Certiorari filed by Connell Gray is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 11/3/21.
Date: November 18, 2021
Citation: 2020-CT-00582-SCT
Petition for Writ of Certiorari of Appellate Court Opinion Filed September 10, 2021, filed by Appellant Andrea Williams is dismissed. Order entered 11/4/21.
Date: November 18, 2021
Citation: 2020-CT-00715-SCT
Appellants' Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ. Chamberlin, J., Not Participating. Order entered 11/2/21.
Date: November 18, 2021
Citation: 2020-CT-01302-SCT
Petition for Writ of Certiorari filed pro se by Stephen Montalto is denied. To Deny: All Justices. Order entered 11/5/21.
Date: November 18, 2021
Citation: 2021-IA-00836-SCT
The State's Petition for Permission to Appeal from Interlocutory Order is granted. The trial court's July 1, 2021, order is simultaneously reversed and this issue is remanded to the trial judge to proceed in a manner consistent with this Court's order. Agree: Randolph, C.J., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ. Disagree: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 11/4/21.
Date: November 18, 2021
Citation: 89-R-99010-SCT
En Banc order appointing or reappointing Alicia S. Hall, Professor Donald E. Campbell, James E. Lambert III, Municipal Judge Robert Fant Walker, Robert E. Quimby, and Circuit Judge Joseph H. Loper, Jr. to three-year terms (01/01/22 to 12/31/24) as members of the Complaint Tribunals. Order entered on 11/5/21.</ul><br><hr>
Date: November 4, 2021
Citation: 2018-CT-01355-SCT
Petition for Writ of Certiorari filed by Appellant Joshua Charles Miller is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 10/26/21.
Date: November 4, 2021
Citation: 2019-CT-01289-SCT
The Petition for Writ of Certiorari filed by counsel for Deandre Ball is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Coleman, J. Order entered 10/27/21.
Date: November 4, 2021
Citation: 2019-CT-01768-SCT
Victor Mitchell's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 11/1/21.
Date: November 4, 2021
Citation: 2019-IA-00911-SCT
The Petition for Interlocutory Appeal filed by Lycoming Engines is dismissed. Appellees' Emergency Motion for a Protective Order Motion to Quash Deposition Subpoenas in the alternative, Determination of Whether Avco/Lycoming Can Issue Subpoenas Through Proceeding in Rhode Island to Circumvent this Court's Stay of Discovery Order in the alternative, Motion for a Determination of Whether Appellees Participating in the Deposition Violates this Court's Stay on Discovery and Appellees' Motion for Protective Order is dismissed without prejudice. Agree: Randolph, C.J., King, P.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Disagree: Coleman, J. Not Participating: Kitchens, P.J. Order entered 11/1/21.
Date: November 4, 2021
Citation: 2020-CA-00290-SCT
Docket Number: 2020-CA-00290-SCT
Justia Opinion Summary: This appeal arose from the dismissal with prejudice of Marilyn Newsome’s breach of contract claim against Peoples Bancshares, Inc., d/b/a Peoples Bank. The trial court found that the Bank reasonably relied on Keely…
Date: November 4, 2021
Citation: 2020-KA-00279-SCT
Docket Number: 2020-KA-00279-SCT
Justia Opinion Summary: This appeal raised a question of first impression for the Mississippi Supreme Court's consideration concerning the unit of prosecution in felon-in-possession cases. Stanley McGlasten, a convicted felon, was caught with…
Date: November 4, 2021
Citation: 2020-KA-00613-SCT
Docket Number: 2020-KA-00613-SCT
Justia Opinion Summary: A jury found Antonio Parker guilty of domestic-violence-based aggravated assault and kidnapping. On appeal, he argued the trial court wrongly denied him a continuance of his trial and that he received ineffective…
Date: November 4, 2021
Citation: 2020-KA-01018-SCT
Docket Number: 2020-KA-01018-SCT
Justia Opinion Summary: Undra Pulliam was granted an out-of-time appeal of his 2016 conviction for the sale of crack cocaine. The State charged Pulliam with the sale, transfer, or distribution of more than two but less than ten grams of crack…
Date: November 4, 2021
Citation: 2021-CT-00156-SCT
Jeffrey Kleckner's Petition for Writ of Certiorari is dismissed. Order entered 10/27/21.
Date: November 4, 2021
Citation: 2021-IA-01118-SCT
Keveon Taylor's Motion for Expedited Ruling is granted. Taylor's Motion to Dismiss Petitioner's Emergency Petition for Interlocutory Appeal and his Motion to Set Aside Order for Stay are denied. The interlocutory appeal filed by the Mississippi State Board of Election Commissioners is granted. The notice of appeal is deemed filed, and the filing fee is due and payable to the Clerk of this Court. The circuit court's October 4, 2021, Temporary Restraining Order in Taylor v. Mississippi Election Commission, No. 21-586, 25CI1:21-cv-00586-AHW, is vacated, and the case is remanded to the circuit court for entry of an order dismissing the case. Taylor is taxed with all costs of this appeal. All Justices Agree. Order entered 10/28/21.
Date: November 4, 2021
Citation: 2021-M-00536
The Application for Leave to Proceed in the Trial Court on Motion for Post-Conviction Collateral Relief filed by Robert L. Jenkins is denied. To Deny with Sanctions Warning: Randolph, C.J., Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny without Sanctions Warning: Coleman and Griffis, JJ. To Dismiss without Sanctions Warning: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Corrected Order entered 11/1/21.
Date: October 28, 2021
Citation: 2018-CT-01767-SCT
Petition for Writ of Certiorari of Appellant/Cross Appellee filed by counsel for the Conservatorship of Michelle A. Geno is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Griffis, J. Order entered 10/25/21.
Date: October 28, 2021
Citation: 2019-CT-01670-SCT
Allen M. Russell's Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J. Order entered 10/22/21.
Date: October 28, 2021
Citation: 2020-CA-00167-SCT
Docket Number: 2020-CA-00167-SCT
Justia Opinion Summary: Magnolia, a managed care organization that contracted with the State to provide Medicaid services, applied what it saw as a statutory five percent reduction in Medicaid rates to Mississippi’s fourteen regional mental…
Date: October 28, 2021
Citation: 2020-KA-01317-SCT
Docket Number: 2020-KA-01317-SCT
Justia Opinion Summary: Cullen Fields was convicted by jury of sexual battery. He appealed, arguing the trial court erroneously denied his right to exercise two of his peremptory strikes during jury selection. After review, the Mississippi…
Date: October 28, 2021
Citation: 2021-M-00630
On the Attorney General's Petition for Writs of Mandamus and Prohibition, mandamus is denied because it is an inappropriate remedy. Prohibition is granted because the trial court acted outside of its authority by appointing the Attorney General as special prosecutor and directing her to investigate and provide a status report by a date certain. The trial court's acceptance of the District Attorney's self-disqualification was proper. The trial court improperly usurped the executive power of the Attorney General by directing her to conduct a criminal investigation and by requiring the Attorney General to report to the trial court status of her criminal investigation by a date certain. The trial court's appointment order is vacated. The Attorney General, as Mississippi's chief legal officer, has been and remains an attorney vested with authority to take all actions necessary in this matter. The Attorney General has the power to appoint and employ outside counsel and special investigators to act in her place. Any decision to investigate a case and present said case to a grand jury as well as a decision to decline prosecution as unwarranted is within the sole and sound discretion of the Attorney General or her designee. All Justices Agree. Order entered 10/19/21.
Date: October 21, 2021
Citation: 2013-DP-00087-SCT
David Cox's pro se motion to set his execution date is granted. The execution of David Neal Cox shall take place on November 17, 2021, at 6 p.m., as provided by law. This order shall serve as the warrant of execution for David Neal Cox. Order entered.
Date: October 21, 2021
Citation: 2015-DR-00978-SCT
Docket Numbers: 2015-DR-00978-SCT, 2021-CA-00515-SCT
Justia Opinion Summary: A series of cases before the Mississippi Supreme Court began with a motion for post-conviction relief filed by the Mississippi Office of Capital Post-Conviction Counsel (CPCC) on behalf of David Cox, which was assigned…
Date: October 21, 2021
Citation: 2018-CT-01696-SCT
Bobby Kidder's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Ishee and Griffis, JJ. Order entered 10/13/21.
Date: October 21, 2021
Citation: 2019-CA-01506-SCT
The motion for rehearing filed by Appellant is denied. Coleman and Griffis, JJ., would grant.
Date: October 21, 2021
Citation: 2019-CT-00632-SCT
Henry Marquar's Petition for Writ of Certiorari and Motion of the Mississippi Supreme Court Remanding Marquar's Pro Se Motion to Supplement the Record are denied. The Motion of Appellant to Amend Appellant's Writ of Certiorari is granted and those amendments were accepted. All Justices Agree. Order entered 10/13/21.
Date: October 21, 2021
Citation: 2019-CT-01109-SCT
Appellee's Motion for Rehearing, or in the Alternative, to Amend or Clarify Opinion is denied.
Date: October 21, 2021
Citation: 2019-CT-01617-SCT
Fredrick Eugene Bliss's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Kitchens and King, P.JJ., and Ishee, J. Order entered 10/12/21.
Date: October 21, 2021
Citation: 2019-CT-01853-SCT
Petition for Writ of Certiorari filed by Appellant Nikolas Johnson is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 10/12/21.
Date: October 21, 2021
Citation: 2020-EC-00427-SCT
Docket Number: 2020-EC-00427-SCT
Justia Opinion Summary: Wayne Self lost the election for Leflore County Mississippi District 4 Supervisor on November 5, 2019. He subsequently petitioned the circuit court to contest the election, alleging numerous violations of Mississippi…
Date: October 21, 2021
Citation: 2020-KA-00505-SCT
Docket Number: 2020-KA-00505-SCT
Justia Opinion Summary: Senque Wright was convicted by jury of possessing a dirk knife as a convicted felon. The trial court adjudged Wright a habitual offender under Mississippi Code Section 99-19-81 (Rev. 2020) and sentenced him to serve ten…
Date: October 21, 2021
Citation: 2020-KA-01191-SCT
Docket Number: 2020-KA-01191-SCT
Justia Opinion Summary: James Ficklin was convicted by jury of taking away a motor vehicle. In 2018, police sergeant Patrick Burt received a call from dispatch concerning a possible switched vehicle tag. Burt testified that he learned that the…
Date: October 21, 2021
Citation: 2021-AD-00001-SCT
En banc order directing the disbursement of $161,252.03 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Order entered 10/13/21.</ul><br><hr>
Date: October 21, 2021
Citation: 2021-CA-00515-SCT
Motion to Dismiss Appeal filed by the State of Mississippi is denied. See opinion of this Court handed down this date. Motion to Amend, Correct, or Clarify in Part the Court's August 27, 2021, Single Justice Order, filed by Capital Post-Conviction Counsel, is denied. See opinion of this Court handed down this date. Motion to Stay Briefing Until a Decision on Motion to Dismiss Appeal or Motion for Time to File Appellant's Opening Brief Motion to File Sur-rebuttal in Opposition to the Government's Motion to Dismiss Re-Urged Emergency Motion for Time to File Appellant's Opening Brief filed by Capital Post-Conviction Counsel, are dismissed as moot. See opinion of this Court handed down this date.
Date: October 14, 2021
Citation: 2020-CA-01300-SCT
Docket Number: 2020-CA-01300-SCT
Justia Opinion Summary: Ken Rogers and Costas Pavlou entered into an agreement for Rogers to potentially purchase a concession stand from Pavlou. The concession business, costas Place, would operate at the Mississippi State Fair, The agreement…
Date: October 14, 2021
Citation: 2020-KA-00335-SCT
The motion for rehearing filed by Appellant is denied. Kitchens and King, P.JJ., and Coleman, J., would grant.
Date: October 14, 2021
Citation: 2021-M-00579-SCT
The Motion for Enlargement of Time to File Answer of the City of McComb, Mississippi, filed by counsel for the Respondents is granted. The Petition for Interlocutory Appeal filed by counsel for Petitioner is denied. To Deny Interlocutory Appeal: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam and Ishee, JJ. To Grant Interlocutory Appeal: Kitchens, P.J., Chamberlin and Griffis, JJ. Order entered 10/8/21.
Date: October 14, 2021
Citation: 2021-M-00836-SCT
On the en banc Court's own motion and pending the Court's ruling on the State's Petition to Appeal from Interlocutory Order, proceedings in the trial court should be stayed the October 12, 2021, evidentiary hearing before the trial court is cancelled and Corrothers and the State are ordered not to contact any jurors until further order of this Court. Entered: 10/5/2021.
Date: October 7, 2021
Citation: 2019-CT-01383-SCT
Petition for Writ of Certiorari filed by counsel for Jeremy Jerome Brown is denied. To Deny: All Justices. Order entered 9/30/21.
Date: October 7, 2021
Citation: 2019-CT-01436-SCT
Jamar Allen's letter motion, which is in the nature of a motion for reconsideration, is granted. Allen's Petition for Writ of Certiorari is denied. To Deny Certiorari: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant Certiorari: King, P.J. Order entered 9/28/21.
Date: October 7, 2021
Citation: 2019-CT-01683-SCT
Max Davis'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, Ishee and Griffis, JJ. Order entered 9/28/21.
Date: October 7, 2021
Citation: 2020-CA-00506-SCT
Docket Number: 2020-CA-00506-SCT
Justia Opinion Summary: William Greenwood was in the business of salvaging valuable materials from old buildings. Greenwood was insured by Mesa Underwriters Specialty Insurance Company through a policy sold by Dixie Specialty Insurance.…
Date: October 7, 2021
Citation: 2020-CA-01265-SCT
Docket Number: 2020-CA-01265-SCT
Justia Opinion Summary: Following a back surgery, Daniel Shope continued to experience lower back pain. Shope was referred to Dr. Michael Winkelmann at NewSouth Neurospine for an evaluation. Dr. Winkelmann recommended a course of opioid…
Date: October 7, 2021
Citation: 2020-CT-00033-SCT
Abdulkhaliq Mohammed Murshid s Writ of Certiorari is denied. All Justices Agree. Order entered 10/4/2021.
Date: October 7, 2021
Citation: 2020-CT-00543-SCT
Petition for Writ of Certiorari filed by Cadarrio Dewayne Patrick, pro se, is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 10/1/21.
Date: October 7, 2021
Citation: 2020-IA-00547-SCT
Docket Number: 2020-IA-00547-SCT
Justia Opinion Summary: Appellant Watkins & Eager, PLLC brought an interlocutory appeal of a circuit court decision. Appellant argued the circuit court erred by denying the firm’s motion to dismiss for failure to state a claim under Mississippi…
Date: October 7, 2021
Citation: 89-R-99012-SCT
Order reappointing J. William Manuel, Walter Alan Davis, and Michael C. McCabe, Jr. to three-year terms (11/1/21 through 10/31/24) as members of the Mississippi Board of Bar Admissions. All Justices Agree. Order entered 9/28/21.</ul><br><hr>
Date: October 7, 2021
Citation: 89-R-99037-SCT
In its continuing efforts to improve court processes related to Mississippi's child welfare system and in compliance with the U.S. Department of Health and Human Services' requirement for funding, the Court relieves and discharges the members of the Commission on Children's Justice from the duties conferred on them by the order of February 14, 2019, with the sincere appreciation of the Court appoints for a term of three-years from the entry of this order and subject to their willingness to serve, a new advisory group, the Commission on Children's Justice, consisting of the designated 50 members from the Judiciary, the Executive Branch, the Legislative Branch, and Non-Governmental organizations directs the Commission to review reports, studies, legislation, and other materials, analyze the use of court improvement funds, and make recommendations to the En Banc Conference of the Mississippi Supreme Court to improve the court system for children and designates the following three members as Co-Chairs of the Commission: Justice Dawn Beam, Judge Thomas Broome, and Chancellor Rhea Sheldon. Entered: 9/30/21</ul><br><hr>
Date: September 30, 2021
Citation: 2019-CT-00169-SCT
Lavar Williams's Petition for Certiorari is denied. All Justices Agree to Deny. Order entered 9/27/21.
Date: September 30, 2021
Citation: 2019-CT-01760-SCT
The Petition for Writ of Certiorari filed by Appellant Kevin Barome Collins, pro se, is denied. To Deny: All Justices. Order entered 9/21/21.
Date: September 30, 2021
Citation: 2019-KA-01855-SCT
Docket Number: 2019-KA-01855-SCT
Justia Opinion Summary: Tommie Queen was convicted of three counts of dog fighting in violation of Mississippi Code Section 97-41-19 (Rev. 2014). Queen appealed, arguing: (1) the trial court erred by admitting expert testimony; (2) there was…
Date: September 30, 2021
Citation: 2020-CA-00438-SCT
Docket Number: 2020-CA-00438-SCT
Justia Opinion Summary: Timothy and Rebecca Hillhouse entered into a contract with Chris Cook Construction for the construction of their home. The contract contained an arbitration provision mandating that arbitration be conducted before a…
Date: September 30, 2021
Citation: 2020-CT-00040-SCT
Teresa Eichhorn's Petition for Writ of Certiorari is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Griffis, J. Not Participating: Randolph, C.J. Order entered 9/27/21.
Date: September 30, 2021
Citation: 2021-M-00738
Bobby Allred's Application for Leave to Proceed in the Trial Court is denied. Allred is restricted from filing further applications for post-conviction collateral relief (or pleadings in that nature) that are related to these convictions and sentences in forma pauperis. The Clerk of this Court shall not accept for filing any further applications for post-conviction collateral relief (or pleadings in that nature) from Allred that are related to these convictions and sentences unless he pays the applicable docket fee. To Deny With Sanctions: Randolph, C.J., Maxwell, Beam, Chamberlin and Griffis, JJ. To Deny: Kitchens and King, P.JJ., Coleman and Ishee, JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 9/22/21.
Date: September 30, 2021
Citation: 2021-TS-00684
Upon consideration of Appellants' Second Emergency Motion for Reduction of Supersedeas Bond Amount and for Immediate Stay of Execution of Judgment filed by David L. Kirk and I. B. Logistics, Inc., and the response and reply, this Court vacates the trial court's July 21, 2021, Order Denying Defendants' Motion to Reduce Amount of Supersedeas Bond on Appeal and, in view of M.R.A.P. 8(b)(1), remands this matter to the trial court, which shall allow the defendants an opportunity to show good cause, if any they can, why a supersedeas bond in an amount less than 125 percent of the amount of the judgment appealed from should be allowed by the trial court in the exercise of its discretion. Upon the trial court's entering its order respecting the amount of a supersedeas bond, this Court's stay of the execution of judgment in this case by order dated August 10, 2021, shall be of no further force or effect. All Justices Agree. Order entered 9/21/21.
Date: September 23, 2021
Citation: 2018-CT-01184-SCT
Docket Number: 2018-CT-01184-SCT
Justia Opinion Summary: The issue presented for the Mississippi Supreme Court's review in this case involved the temporary termination of a father’s child-support obligation. Because the Supreme Court found that the Court of Appeals did not…
Date: September 23, 2021
Citation: 2019-CT-01081-SCT
Arsenio Robinson's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: King, P.J., and Ishee, J. Order entered 9/17/21.
Date: September 23, 2021
Citation: 2019-CT-01434-SCT
Katrina Jackson Champ's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 9/20/21.
Date: September 23, 2021
Citation: 2019-CT-01612-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Randolph, C.J., Maxwell, Beam, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ., and Coleman, J. Chamberlin, J., not participating. Order entered 9/14/21.
Date: September 23, 2021
Citation: 2019-IA-01265-SCT
Docket Number: 2019-IA-01265-SCT
Justia Opinion Summary: Dr. Edwin Holt died tragically by his own hand at age forty-five. He left five minor children. At the time of his death, Dr. Holt was finalizing a divorce in Texas and seeking to have his dental license reinstated in…
Date: September 23, 2021
Citation: 2020-CA-00904-SCT
The motion for rehearing filed by the appellant is denied.
Date: September 16, 2021
Citation: 2015-CA-01013-SCT
Docket Number: 2015-CA-01013-SCT
Justia Opinion Summary: The issue this case presented for the Mississippi Supreme Court's review arose from a single-car accident involving a 2005 Santa Fe Hyundai, which had been rented by Joyce Hutton, and driven by Derek Bell on U.S. Highway…
Date: September 16, 2021
Citation: 2019-CA-01840-SCT
Motion for Rehearing filed by Appellant, Kenneth R. Borries, is denied. Griffis, J., would grant.
Date: September 16, 2021
Citation: 2020-IA-00810-SCT
Docket Numbers: 2020-IA-00810-SCT, 2020-IA-00840-SCT
Justia Opinion Summary: KD Oak Grove and KP Westwood entered into two separate contracts with Coumanis Allen, a general contractor. Subsequently, Coumanis did not pay subcontractors for their work, and Warren & Warren, one of Coumanis’s…
Date: September 16, 2021
Citation: 89-R-99001-SCT
No. 89-R-99001 In re Rules of Civil Procedure. The Motion to Amend M.R.C.P. 29 filed by the Supreme Court of Mississippi's Advisory Committee on Rules is granted as set forth in the attached Exhibit A. The amendments will be effective 30 days after entry of this order. Order entered: 9/7/21.</ul><br><hr>
Date: September 16, 2021
Citation: 89-R-99015-SCT
No. 89-R-99015 In re: Local Rules. On the petition of the Chancellors of the Seventh Chancery Court District, the current Local Rules of the Seventh Chancery Court District are vacated, and the Local Rules set forth in the attached Exhibit A are approved and are effective upon entry of this order. Order entered: 9/7/21.</ul><br><hr>
Date: September 9, 2021
Citation: 2019-CT-01062-SCT
Martin Wheelan's Petition for Writ of Certiorari is granted. To Grant: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Ishee and Griffis, JJ. To Deny: Maxwell, Beam and Chamberlin, JJ. Order entered 8/31/21.
Date: September 9, 2021
Citation: 2019-CT-01073-SCT
The Petition for a Writ of Certiorari filed by Appellant Chester C. Thornton is denied. To Deny: All Justices. Order entered 8/31/21.
Date: September 9, 2021
Citation: 2019-CT-01651-SCT
The State of Mississippi's Petition for Writ of Certiorari is granted. To Grant: Randolph, C.J., Maxwell, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ., Coleman, Beam and Chamberlin, JJ. Order entered 9/2/21.
Date: September 9, 2021
Citation: 2020-CA-00343-SCT
Docket Number: 2020-CA-00343-SCT
Justia Opinion Summary: Michael Lockhart appealed a Chancery Court’s Opinion and Final Judgment entered in July 2019 (the 2019 Order) purporting to clarify the court’s previous 2018 Findings of Fact, Conclusions of Law and Final Judgment (the…
Date: September 9, 2021
Citation: 2020-CA-00836-SCT
Docket Number: 2020-CA-00836-SCT
Justia Opinion Summary: Viking Insurance Company appealed a circuit court's grant of summary judgment. The circuit court adjudged that stacking uninsured-motorist coverages in a Viking policy should have been separated for purposes of the State…
Date: September 9, 2021
Citation: 2020-CT-00023-SCT
The Petition for Writ of Certiorari filed pro se by Dalvin Booker is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Griffis, JJ. To Grant: Ishee, J. Not Participating: Chamberlin, J. Order entered 9/2/21.
Date: September 9, 2021
Citation: 2020-CT-00439-SCT
The Petition for a Writ of Certiorari filed by Appellant David Carter, pro se, is denied. To Deny: All Justices. Order entered 9/1/21.
Date: September 9, 2021
Citation: 2020-IA-00037-SCT
Docket Number: 2020-IA-00037-SCT
Justia Opinion Summary: Roxanne Watson filed two successive lawsuits against Greenwood Leflore Hospital and Dr. John Lucas III (collectively, “GLH”), alleging medical negligence. Watson’s first complaint was dismissed without prejudice because…
Date: September 9, 2021
Citation: 2021-JP-00429-SCT
Docket Number: 2021-JP-00429-SCT
Justia Opinion Summary: Judge Mark Watts of Jackson County, Mississippi acknowledged he made appearances or filed motions in nine cases in Jackson County Chancery Court more than six months after assuming office. He joined in the Mississippi…
Date: September 2, 2021
Citation: 2020-CA-00718-SCT
Docket Number: 2020-CA-00718-SCT
Justia Opinion Summary: Tillman Infrastructure, LLC, sought to build a 290-foot tower in Marshall County, Mississippi on a plot designated an agricultural zone. Tillman applied for a special exception through the Marshall County Planning…
Date: September 2, 2021
Citation: 2021-M-00005-SCT
William Matthew Wilson's Unopposed Motion for Leave to Reply is granted. Wilson shall re-file electronically the reply in compliance with Section 3(A)(3) of the Appellate E-Filing Administrative Procedures. Wilson's Motion for Out-of-Time Appeal is denied, and the Motion to Proceed in Forma Pauperis is dismissed as moot. Agree: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Disagree: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 8/26/21.
Date: September 2, 2021
Citation: 2021-M-00655
Randy C. Williams's Application for Leave to Proceed in the Trial Court is denied. Williams is warned that any future filings deemed frivolous may result not only in monetary sanctions, but also in restrictions on filing applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis. See Order, Dunn v. State, No. 2016-M-01514, at *2 (Miss. Nov. 15, 2018) (warning of sanctions) see also En Banc Order, Dunn v. State, No. 2016-M-01514, at *2 (Miss. Apr. 11, 2019) (restricting Dunn's in forma pauperis status). To Deny with Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Ordered entered 8/24/21.
Date: August 26, 2021
Citation: 2014-M-00474
The Application to Proceed in the Trial Court filed by Eddie Dudley, pro se, is denied. To Deny with Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 8/17/21.
Date: August 26, 2021
Citation: 2017-CT-01536-SCT
The Petition for Certiorari filed by Eugene Ealy is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 8/19/21.
Date: August 26, 2021
Citation: 2018-CT-01654-SCT
Docket Number: 2018-CT-01654-SCT
Justia Opinion Summary: James Hughes twice invested in the Shipp family’s efforts to develop their property near Bentonia, Mississippi, into a gated community called Rose Lake, in exchange for lots in the future subdivision. Twice, he came up…
Date: August 26, 2021
Citation: 2019-CA-01506-SCT
Docket Number: 2019-CA-01506-SCT
Justia Opinion Summary: Cascio Investments, LLC (Investments), sued Philip Cascio (Cascio) for breach of contract, alleging violations of a noncompetition agreement (NCA). The circuit court found in favor of Investments, and Cascio appealed.…
Date: August 26, 2021
Citation: 2019-CT-01007-SCT
The Petition for Writ of Certiorari filed by Lavar Williams is granted. To Grant: Kitchens and King, P.JJ., Coleman, Chamberlin and Ishee, JJ. To Deny: Randolph, C.J., Maxwell, Beam and Griffis, JJ. Order entered 8/19/21.
Date: August 26, 2021
Citation: 2019-CT-01406-SCT
Amos Taylor's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Coleman and Griffis, JJ. Order entered 8/18/21.
Date: August 26, 2021
Citation: 2019-KA-01414-SCT
The Motion for Rehearing filed by the Appellant is denied. Kitchens and King, P.JJ., would grant.
Date: August 26, 2021
Citation: 2020-IA-00332-SCT
The Motion for Rehearing filed by Appellee is denied.
Date: August 26, 2021
Citation: 2020-TS-00739-SCT
Justin McPhail's "Permission for Extension or Reopening of [T]ime to [F]ile Petition for Interlocutory Appeal For Excusable [N]eglect" shall be treated as a timely notice of appeal under Rule 4(a) of the Mississippi Rules of Appellate Procedure. The filing fee is due and payable to the Clerk of this Court, and the appeal shall proceed in accordance with Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. This Court shall retain the appeal. Agree: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Agree in Part: Kitchens and King, P.JJ., and Griffis, J. Kitchens, P.J., Objects to the Order in Part with Separate Written Statement Joined by King, P.J., and Griffis, J. Order entered 8/19/21.
Date: August 26, 2021
Citation: 2021-AD-00001-SCT
Alfred Phillips is appointed as the Chief Deputy Marshal of the Supreme Court of Mississippi effective August 1, 2021, at a gross annual salary fixed by the Justices of the Court within the Court's appropriation that Alfred Phillips shall take an oath of office prior to entering the duties of the office of Chief Deputy Marshal and that, as Chief Deputy Marshal and as provided in Miss. Code Ann., Section 9-3-29 Alfred Phillips shall attend the sessions of the Court, shall perform all the duties of a deputy sheriff attending court, shall obey all lawful orders of the Court, and shall serve during the pleasure of the Court. Order entered 8/18/21.</ul><br><hr>
Date: August 26, 2021
Citation: 2021-M-00348
The Application for Leave to Procced in Trial Court filed by Stanley Luster, pro se, is denied. To Deny with Sanctions Warning: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Coleman, J. To Dismiss: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 8/18/21.
Date: August 26, 2021
Citation: 89-R-99011-SCT
The Mississippi Commission on Continuing Legal Education's Petition is granted. Rule 1 of the Rules and Regulations for Mandatory Continuing Legal Education is hereby amended as set forth in Exhibit A. The amendment is effective on August 1, 2021. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). All Justices Agree. Order entered 8/20/21.</ul><br><hr>
Date: August 19, 2021
Citation: 2017-CT-01364-SCT
Charles Dalton Shoemake's Petition for Certiorari is denied. To Deny: Randolph. C.J., Coleman, Maxwell, Beam and Griffis, JJ. To Grant: Kitchens and King, P.JJ., and Ishee, J. Chamberlin, J., Not Participating. Order entered 8/16/21.
Date: August 19, 2021
Citation: 2017-DR-00696-SCT
The Re-Urged Motion to Stay Time to File Successive Post-Conviction Relief Petition is denied. All Justices Agree. Order entered 8/16/21.
Date: August 19, 2021
Citation: 2018-DR-01525-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: August 19, 2021
Citation: 2019-CA-00283-SCT
Bobby Batiste's request to supplement the record is hereby granted. The supplemental transcript shall be filed on or before September 30, 2021. Costs are taxed to Oktibbeha County. All Justices Agree. Order entered 8/16/21.
Date: August 19, 2021
Citation: 2019-CA-00609-SCT
The Motion for Rehearing Filed by Appellant is denied.
Date: August 19, 2021
Citation: 2019-CT-00405-SCT
Docket Number: 2019-CT-00405-SCT
Justia Opinion Summary: At issue before the Mississippi Supreme Court in this case was whether the Civil Service Commission for the City of Jackson (Commission) sufficiently and clearly certified its findings when it affirmed the Jackson Police…
Date: August 19, 2021
Citation: 2019-CT-01615-SCT
The Petition for Writ of Certiorari filed by counsel for Rose Miller is denied. To Deny: All Justices. Order entered 8/16/21.
Date: August 19, 2021
Citation: 2020-CT-00087-SCT
The Petition for Writ of Certiorari filed by Antionne Sellers is denied. To Deny: All Justices. Order Entered 8/11/21.
Date: August 19, 2021
Citation: 2020-KA-00013-SCT
Docket Number: 2020-KA-00013-SCT
Justia Opinion Summary: Talib Mujahid was convicted by jury of selling methamphetamine. He was sentenced to eight years in prison. His appellate counsel filed a Lindsey brief, certifying he found no arguable issues to appeal. Mujahid opted to…
Date: August 19, 2021
Citation: 2020-KA-00335-SCT
Docket Number: 2020-KA-00335-SCT
Justia Opinion Summary: Johnny Nevels appealed his convictions on three counts of drug possession. He claimed he was entitled to a circumstantial evidence instruction, which the trial court refused. He also argued his trial should not have…
Date: August 19, 2021
Citation: 2021-DR-00269-SCT
The Motion to Reconsider or Clarify Order Denying Without Prejudice Ronk's Motion to Proceed In Forma Pauperis and for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is granted in part. All Justices Agree. Order Entered 8/16/21.
Date: August 19, 2021
Citation: 2021-IA-00632-SCT
Alberto Garcia's Petition for Interlocutory Appeal Expedited Review Requested is granted. Alberto Garcia's Motion to Supplement Petition for Interlocutory Appeal is denied. The State of Mississippi's Motion to Supplement Petition for Interlocutory Appeal is denied. All Justices Agree. Order entered 8/16/21.
Date: August 12, 2021
Citation: 2019-CT-00238-SCT
Docket Number: 2019-CT-00238-SCT
Justia Opinion Summary: Kemily and Kelvin Rankin were married in July 2007 and had two children during the course of their marriage. In December 2017, Kemily filed a complaint for divorce on the ground of habitual cruel and inhuman treatment…
Date: August 12, 2021
Citation: 2019-CT-00302-SCT
The Petition for Writ of Certiorari filed by Seth Copes is granted. To Grant: Kitchens and King, P.JJ., Coleman and Beam, JJ. To Deny: Randolph, C.J., Maxwell, Chamberlin, Ishee and Griffis, JJ. Order entered 8/04/21.
Date: August 12, 2021
Citation: 2019-CT-00745-SCT
Appellants' Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 8/03/21.
Date: August 12, 2021
Citation: 2019-CT-01177-SCT
Joe Clyde Tubwell's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 8/04/21.
Date: August 12, 2021
Citation: 2019-KA-01663-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, P.JJ., would grant.
Date: August 12, 2021
Citation: 2020-CA-00641-SCT
Docket Number: 2020-CA-00641-SCT
Justia Opinion Summary: Plaintiffs sought to overturn a chancellor’s decision confirming a partition sale. They argued they were entitled to a new sale because the COVID-19 pandemic rendered the prior sale unfair. The Mississippi Supreme Court…
Date: August 12, 2021
Citation: 2020-IA-00031-SCT
Docket Numbers: 2020-IA-00031-SCT, 2020-IA-00056-SCT, 2020-IA-00238-SCT
Justia Opinion Summary: In the aftermath of her divorce from ex-Methodist minister Andrew Johnson, Kim Miller sued not only Johnson but also his employer, the Mississippi Annual Conference of the United Methodist Church (MUMC). Miller also sued…
Date: August 12, 2021
Citation: 2020-IA-00443-SCT
Docket Number: 2020-IA-00443-SCT
Justia Opinion Summary: At issue before the Mississippi Supreme Court in this interlocutory appeal was whether the trial court erred by finding cause to grant a 120-day extension of time to serve process on Progressive Gulf Insurance Company.…
Date: August 12, 2021
Citation: 2021-IA-00101-SCT
The Motion for Reconsideration of Order Denying Motion to Dismiss Appeal is denied. To Deny: Randolph, C.J., King, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., Coleman, Ishee and Griffis, JJ. Coleman, J. Objects to the Order with Separate Written Statement Joined by Kitchens, P.J., and Griffis, J. Order entered 8/09/21.
Date: August 6, 2021
Citation: 2020-IA-00199-SCT
Docket Number: 2020-IA-00199-SCT
Justia Opinion Summary: Bettye McNutt filed a complaint against Dr. Vivian Sze Ting Lo, Methodist-Olive Branch Hospital (Methodist), and others asserting the wrongful death of her son due to medical malpractice. Because Dr. Lo had not been…
Date: August 5, 2021
Citation: 2017-M-00230
Christopher Wilson's Application for Leave to Proceed in the Trial Court is denied. Wilson is warned that future filings deemed frivolous may result not only in monetary sanctions but also in restrictions on filing applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis. To Deny with Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Dismiss: Kitchens and King, P.JJ. King, P.J., Objects to the order with Separate Written Statement Joined by Kitchens, P.J. Order entered 7/29/21.
Date: August 5, 2021
Citation: 2019-CT-00024-SCT
Docket Number: 2019-CT-00024-SCT
Justia Opinion Summary: In March 2017, Sybil Brooks hired Jason Sebren to make repairs to a mobile home that she owned, and she allowed Sebren to live in the mobile home in exchange. Allegedly unbeknownst to Brooks, defendant Michael Buford…
Date: August 5, 2021
Citation: 2019-CT-00476-SCT
Quavares Pulliam's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 7/28/21.
Date: August 5, 2021
Citation: 2019-CT-01109-SCT
Docket Number: 2019-CT-01109-SCT
Justia Opinion Summary: Eric Parish and Parish Transport LLC (Parish Transport) emailed Doug Jordan, the Vice President of Jordan Carriers Inc. (Jordan Carriers), to inquire about purchasing heavy haul equipment from Jordan Carriers. After…
Date: August 5, 2021
Citation: 2019-CT-01892-SCT
The Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 7/28/21.
Date: August 5, 2021
Citation: 2019-IA-01442-SCT
Docket Numbers: 2019-IA-01442-SCT, 2019-IA-01477-SCT
Justia Opinion Summary: The crux of this interlocutory appeal was whether Plaintiffs, complaining of personal injury and property damage as a result of the alleged improper use of an oil-disposal well, had to exhaust their administrative…
Date: August 5, 2021
Citation: 2020-CA-00296-SCT
Docket Number: 2020-CA-00296-SCT
Justia Opinion Summary: This case arose from a custody dispute between a natural mother and an adoptive mother. The chancellor allowed the natural mother to withdraw her surrender of parental rights and consent to adoption. The chancellor also…
Date: August 5, 2021
Citation: 2020-CA-01173-SCT
Docket Number: 2020-CA-01173-SCT
Justia Opinion Summary: Nationwide Mutual Insurance Company issued two public-official bonds as surety for Eddie Carthan, a member of the Holmes County, Mississippi Board of Supervisors. On appeal, the State Auditor claimed Nationwide was…
Date: August 5, 2021
Citation: 2021-M-00209
LaBrandon Grace's Petition for Extraordinary Writ and/or Post-Conviction Relief is denied. LaBrandon Grace's Motion Requesting Additional Time to File a Reply to the Respondent's Response is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Chamberlin and Griffis, JJ. To Grant: Kitchens and King, P.JJ., Beam and Ishee, JJ. Order entered 8/2/21.
Date: July 29, 2021
Citation: 2019-CT-00763-SCT
The Petition for Writ of Certiorari filed by counsel for Steven Brooks Russell is denied. To Deny: All Justices. Order entered 7/26/21.
Date: July 29, 2021
Citation: 2019-CT-01493-SCT
Howard Hays's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 7/27/21.
Date: July 29, 2021
Citation: 2020-CT-00058-SCT
The Petition for Writ of Certiorari filed by Craig Harris, pro se, is dismissed. Order entered 7/22/21.
Date: July 29, 2021
Citation: 2021-AD-00001-SCT
En banc order directing the disbursement of $204,915.26 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Order entered 7/26/21.</ul><br><hr>
Date: July 22, 2021
Citation: 2018-CT-01550-SCT
Docket Number: 2018-CT-01550-SCT
Justia Opinion Summary: Stacie Murray was driving home from work in the northbound lane on Highway 35 in Scott County, Mississippi. Kevin Parker, while in the course and scope of his employment with James Gray d/b/a Gray Trucking (Gray), was…
Date: July 22, 2021
Citation: 2018-KA-01621-SCT
The Motion for Rehearing filed by the Appellee is denied.
Date: July 22, 2021
Citation: 2019-CT-00960-SCT
The Petition for Writ of Certiorari filed by NSCH Rural Health Clinic is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Griffis, J. Order entered 7/07/21.
Date: July 22, 2021
Citation: 2019-CT-01467-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Randolph, C.J., Maxwell, Beam, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ., Coleman and Chamberlin, JJ. Order entered 7/07/21.
Date: July 22, 2021
Citation: 2020-EC-00502-SCT
Docket Number: 2020-EC-00502-SCT
Justia Opinion Summary: Richard and Stacy Andreacchio invoked Mississippi Code Section 23-15-951 (Rev. 2018), not to challenge the determination that the Republican candidate, Kassie Coleman, received more legal votes than her Democrat opponent…
Date: July 22, 2021
Citation: 89-R-99021-SCT
Order appointing Hon. David B. Strong, Melissa Magee, Huey Bang, and Jerry D. Sharp as members of the Board of Certified Court Reporters for two-year terms from July 1, 2021, through June 30, 2023. All Justices Agree. Order entered 7/6/21.</ul><br><hr>
Date: July 1, 2021
Citation: 2015-CA-01886-SCT
The Motion for Rehearing of Dennis Sweet is denied. Kitchens and King, P.JJ., would grant. Maxwell and Chamberlin, JJ., not participating.
Date: July 1, 2021
Citation: 2019-CT-00785-SCT
The Petition for Writ of Certiorari filed pro se by Michael Anthony McDade is denied. To Deny: All Justices. Order entered 6/30/21.
Date: July 1, 2021
Citation: 2019-CT-00880-SCT
The State of Mississippi's Corrected Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 6/25/21.
Date: July 1, 2021
Citation: 2019-CT-00913-SCT
The Petition for Writ of Certiorari filed by Appellee is granted. To Grant: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam and Ishee, JJ. To Deny: Maxwell, Chamberlin and Griffis, JJ. Order entered 6/24/21.
Date: July 1, 2021
Citation: 2019-CT-01098-SCT
The Petition for a Writ of Certiorari filed by counsel for John E. Winters is denied. To Deny: All Justices. Order entered 6/30/21.
Date: July 1, 2021
Citation: 2019-CT-01133-SCT
Mario Franklin's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Kitchens, P.J., and Ishee, J. Order entered 6/23/21.
Date: July 1, 2021
Citation: 2019-CT-01436-SCT
Jamar Allen's Petition for Writ of Certiorari is dismissed as untimely. Order entered 6/30/21.
Date: July 1, 2021
Citation: 2020-CA-00904-SCT
Docket Number: 2020-CA-00904-SCT
Justia Opinion Summary: A Mississippi chancery court order set aside the probate of a will after the original was lost. On appeal, Michael Taylor, the sole beneficiary under the lost will, contended that the chancellor erred by applying the…
Date: July 1, 2021
Citation: 2020-IA-00749-SCT
Docket Number: 2020-IA-00749-SCT
Justia Opinion Summary: Carolyn Bowen sued Cottage Grove Nursing Home for wrongful death and medical negligence on behalf of her husband, Guy Bowen. Guy Bowen had been a resident of Cottage Grove since June 2016. In May 2017, Guy was diagnosed…
Date: July 1, 2021
Citation: 2020-IA-01199-SCT
Before the en banc Court, the Motion of MEVI 78 and Dr. David Allen, Sponsor of Initiative 77, for Leave to Intervene is denied. The Motion for Rehearing filed by MEVI 78 and Dr. David Allen is dismissed as moot. The Motion to Strike the Motion for Rehearing filed by Mary Hawkins Butler and the City of Madison is dismissed as moot. Order entered.
Date: July 1, 2021
Citation: 2020-KA-00364-SCT
Docket Number: 2020-KA-00364-SCT
Justia Opinion Summary: Yancy Stevenson was convicted of two counts of first-degree murder. On appeal, Stevenson contended the circuit court should have declared a mistrial sua sponte after one of the State’s witnesses testified that Stevenson…
Date: June 24, 2021
Citation: 2013-M-01622
The Application for Leave to Proceed in the Trial Court filed by William Avery, pro se, is granted insofar as the matter is remanded to the Circuit Court of Lauderdale County "so the trial judge can determine, in his discretion, whether to enhance [Avery's] sentence as a subsequent drug offender, or not." To Grant: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Deny: Ishee, J. Order entered 6/17/21.
Date: June 24, 2021
Citation: 2018-CT-01203-SCT
Carmon Sue Brannon's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Ishee, J. Order entered 6/18/21.
Date: June 24, 2021
Citation: 2019-CT-00180-SCT
Docket Number: 2019-CT-00180-SCT
Justia Opinion Summary: Cynthia Burford was convicted by jury of burglary of a welling. The circuit court sentenced her to serve fifteen years in the custod of the Mississippi Department of Corrections and to pay a fine, restitution and court…
Date: June 24, 2021
Citation: 2019-CT-00570-SCT
The Petition for Writ of Certiorari filed by United Roofing & Construction of MS, Inc., is denied. All Justices Agree. Order entered 6/15/21.
Date: June 24, 2021
Citation: 2019-CT-01487-SCT
Appellant's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered 6/21/21.
Date: June 24, 2021
Citation: 2019-KA-01624-SCT
Docket Number: 2019-KA-01624-SCT
Justia Opinion Summary: Mickeal Hollis was convicted by jury of possessing methamphetamine, for which he was sentenced to three years in the custody of the Mississippi Department of Corrections, pay a fine, and complete drug and alcohol…
Date: June 24, 2021
Citation: 2020-CC-00397-SCT
Docket Number: 2020-CC-00397-SCT
Justia Opinion Summary: A circuit court reversed the Board of Supervisors of Hancock County, Mississippi's decision to deny the application of Razz Halili Trust d/b/a Prestige Oysters (the Trust) to use a location within Hancock County zoned…
Date: June 24, 2021
Citation: 2020-CC-00446-SCT
Docket Number: 2020-CC-00446-SCT
Justia Opinion Summary: The City of Grenada appealed a Circuit Court’s judgment affirming the findings of the Mississippi Department of Employment Security Board of Review (Board of Review) that a terminated police officer was entitled to…
Date: June 24, 2021
Citation: 2021-TS-00452
The Motion to Expedite Appeal filed by Vicky Rogers Moss is denied. To Deny: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell and Chamberlin, JJ. To Grant: King, P.J., Beam, Ishee and Griffis, JJ. Order entered 6/17/21.
Date: June 24, 2021
Citation: 89-R-99018-SCT
The Petition to Amend Certain Rules of the Mississippi Rules of Appellate Procedure and the Mississippi Rules of Professional Conduct in Order to Define the Practice of Law in Mississippi and Exceptions Thereto and to Prohibit the Unauthorized Practice of Law in Mississippi is granted in part. Rule 5.5 of the Mississippi Rules of Professional Conduct is amended as set forth in Exhibit A. The amendment shall take effect on July 1, 2021. The petition remains pending before the Court. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). All Justices Agree. Order entered 6/18/21.</ul><br><hr>
Date: June 17, 2021
Citation: 2015-DR-00954-SCT
The Motion for Rehearing filed by Petitioner is denied.
Date: June 17, 2021
Citation: 2015-M-01350
The Motion for Leave to Proceed in the Trial Court filed pro se by Charlie Harris is granted. Charlie Harris's sentence to serve a term of life without parole in the Mississippi Department of Corrections entered in Madison County Circuit Court case number 2000-208 on February 23, 2001, is vacated, and this matter is remanded to the trial court for resentencing. Agree: All Justices. Order entered 6/14/21.
Date: June 17, 2021
Citation: 2019-CT-00405-SCT
The Petition for Writ of Certiorari filed by counsel for Justin Roberts is granted. To Grant: Kitchens and King, P.JJ., Maxwell, Beam, Ishee and Griffis, JJ. To Deny: Randolph, C.J., Coleman and Chamberlin, JJ. Order entered 6/09/21.
Date: June 17, 2021
Citation: 2019-CT-00648-SCT
James Henry Bynum's Petition for Certiorari is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 6/09/21.
Date: June 17, 2021
Citation: 2019-CT-01334-SCT
Frank Figueroa's Petition for Writ of Certiorari is dismissed as untimely. Order entered 6/08/21.
Date: June 17, 2021
Citation: 2019-IA-01378-SCT
Docket Number: 2019-IA-01378-SCT
Justia Opinion Summary: Mississippi Baptist Medical Center (MBMC) sought, and the Mississippi Supreme Court granted interlocutory appeal challenging a circuit court's denial of its motion for summary judgment. Mississippi Baptist Health System…
Date: June 17, 2021
Citation: 2019-KA-01724-SCT
Docket Number: 2019-KA-01724-SCT
Justia Opinion Summary: In September 2019, Brian Turner was found not guilty of one count of aggravated assault upon a law-enforcement officer (Count I), but was convicted of one count of failing to stop a motor vehicle pursuant to the signal…
Date: June 17, 2021
Citation: 2020-CA-00418-SCT
Docket Number: 2020-CA-00418-SCT
Justia Opinion Summary: In September 2019, Robert McGowen filed a complaint in circuit court alleging that he had been sexually abused by a priest at Sacred Heart Catholic Church in 1984 and 1985 when McGowen was twelve to thirteen years old.…
Date: June 17, 2021
Citation: 2020-EC-00477-SCT
Docket Number: 2020-EC-00477-SCT
Justia Opinion Summary: Jim Harreld and Karl Banks ran for the position of District 4 Supervisor in Madison County, Mississippi. Banks won the November 5, 2019 election by fifty-seven votes. The Madison County Election Commission certified…
Date: June 17, 2021
Citation: 2020-IA-00332-SCT
Docket Number: 2020-IA-00332-SCT
Justia Opinion Summary: Jean Hardin filed a claim with Farm Bureau, her homeowner’s insurance carrier, following an alleged sudden collapse in the floor of her home. After Farm Bureau denied the claim, Hardin sued Farm Bureau for specific…
Date: June 10, 2021
Citation: 2019-CT-00343-SCT
The Petition for Writ of Certiorari filed by Ron G. Jones, Sr. is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 6/03/21.
Date: June 10, 2021
Citation: 2019-KA-01663-SCT
Docket Number: 2019-KA-01663-SCT
Justia Opinion Summary: Curtis Valentine appealed his conviction of aggravated driving under the influence (DUI), claiming the circuit court erred by denying his motion for a judgment notwithstanding the verdict (JNOV) and by denying his…
Date: June 10, 2021
Citation: 2019-SA-01558-SCT
Docket Number: 2019-SA-01558-SCT
Justia Opinion Summary: Methodist Specialty Care Center (Specialty), a hospital-based nursing facility owned by Methodist Rehabilitation Center (Methodist), included an allocation of Methodist’s Medicaid Assessment in its nursing-facility cost…
Date: June 10, 2021
Citation: 2020-M-00370
Application for Leave to Proceed in the Trial Court filed pro se by Dwight Nelson is granted. All Justices Agree. Order entered 6/07/21.
Date: June 10, 2021
Citation: 2021-DR-00269-SCT
Timothy Ronk's Motion to Proceed In Forma Pauperis and for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is dismissed without prejudice to his right to seek a determination from the district court on whether it is appropriate for Carner and Camp to exhaust his claims in state court in the course of their federal habeas representation. All Justices Agree. Order entered.
Date: June 10, 2021
Citation: 89-R-99010-SCT
On the Court's own motion, the Rules of Discipline for the Mississippi State Bar are hereby amended as set forth in Exhibit A. The amendment shall take effect on July 1, 2021. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). All Justices Agree to Amend. Order entered 6/04/21.</ul><br><hr>
Date: June 3, 2021
Citation: 2018-CA-01059-SCT
The Motion to File Motion for Attorney Fees Under Seal filed by counsel for Appellant is granted. The Motion for Approval of Attorney Fees filed by counsel for Appellant is granted. All Justices Agree. Order entered 5/28/21.
Date: June 3, 2021
Citation: 2019-CA-01550-SCT
Docket Number: 2019-CA-01550-SCT
Justia Opinion Summary: At issue in this case was a custody dispute between the mother of an eleven-year-old boy and the boy’s paternal grandparents. “John” had been living in his grandparents’ home for about six years at the time of the…
Date: June 3, 2021
Citation: 2019-CA-01840-SCT
Docket Number: 2019-CA-01840-SCT
Justia Opinion Summary: Attorney Malcolm Murphy requested his client, Kenneth Borries, sign three promissory notes for legal services rendered. After Borries failed to pay the notes, Murphy filed suit. Borries appealed a trial court’s grant of…
Date: June 3, 2021
Citation: 2019-CT-00030-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: All Justices. Order entered 5/28/21.
Date: June 3, 2021
Citation: 2019-CT-00035-SCT
Annie Jumper's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ. Not Participating: Chamberlin, J. Order entered 5/27/21.
Date: June 3, 2021
Citation: 2019-CT-01051-SCT
Kaderius Hamer's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ., and Coleman, J. Order entered 5/25/21.
Date: June 3, 2021
Citation: 2019-CT-01482-SCT
Appellant's Petition for Writ of Certiorari filed by Richard C. Watkins is denied. To Deny: All Justices. Order entered 5/26/21.
Date: June 3, 2021
Citation: 89-R-99011-SCT
En Banc order reappointing Elizabeth Lee Maron, Robert Michael Tyner, Jr., and Sam H. Buchanan to three-year terms (August 1, 2021, through July 31, 2024) as members of this Commission. Order entered: 5/26/21.</ul><br><hr>
Date: May 27, 2021
Citation: 2017-CT-01082-SCT
The Motion for Rehearing filed by Armand Jones is denied.
Date: May 27, 2021
Citation: 2019-CA-01435-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: May 27, 2021
Citation: 2019-CT-00643-SCT
The Petition for Writ of Certiorari filed by James Richards is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., Beam and Griffis, JJ. Order entered.
Date: May 27, 2021
Citation: 2019-KA-01414-SCT
Docket Number: 2019-KA-01414-SCT
Justia Opinion Summary: Defendant Duane Henderson contacted April Newman through Facebook Messenger; she believed Henderson was offering to sell her methamphetamine. Newman contacted police suggesting she could set up a controlled drug delivery…
Date: May 27, 2021
Citation: 2021-AD-00001-SCT
Richard A. Griffin is appointed as the Marshal of the Supreme Court of Mississippi effective June 1, 2021, at a gross annual salary fixed by the Justices of the Court within the Court's appropriation that Richard A. Griffin shall take an oath of office prior to entering the duties of the office of Marshal and that, as Marshal and as provided in Miss. Code Ann., Section 9-3-29 Richard A. Griffin shall attend the sessions of the Court, shall perform all the duties of a sheriff attending court, shall obey all lawful orders of the Court, and shall serve during the pleasure of the Court. Order entered 5/20/21.</ul><br><hr>
Date: May 20, 2021
Citation: 2013-DR-01796-SCT
On the Court's own motion the stay in this matter is lifted. The State of Mississippi shall have thirty days from the entry of this order within which to file its response to Galloway's capital post-conviction motion. Order entered 5/13/21.
Date: May 20, 2021
Citation: 2018-DR-01525-SCT
Docket Number: 2018-DR-01525-SCT
Justia Opinion Summary: Abdur Rahim Ambrose Sr. was convicted by jury of the capital murder of Robert Trosclair. The jury also found that Ambrose’s sentence should be death, and the circuit court imposed the death sentence. The Mississippi…
Date: May 20, 2021
Citation: 2019-CT-00182-SCT
The Petition for a Writ of Certiorari filed by Oliver Brown is denied. To Deny: Randolph, C.J., Kitchens, P.J., Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: King, P.J., Coleman and Ishee, JJ. Order entered 5/13/21.
Date: May 20, 2021
Citation: 2020-CA-00331-SCT
Docket Number: 2020-CA-00331-SCT
Justia Opinion Summary: This dispute centered on an acre of land in Scott County, Mississippi, arising from a counterclaim of T & W Homes Etc, LLC (T & W), which claimed T & W acquired the property by adverse possession. At the trial level,…
Date: May 20, 2021
Citation: 2020-KA-00190-SCT
Docket Number: 2020-KA-00190-SCT
Justia Opinion Summary: Tyrone Body appealed his conviction of burglary of a dwelling, arguing: (1) the evidence was insufficient to support his conviction; (2) his Fifth Amendment right against self-incrimination was violated; (3) his…
Date: May 20, 2021
Citation: 89-R-99016-SCT
En banc order appointing Circuit Judge Anthony A. Mozingo, effective upon the entry of the order and continuing through the balance of the term which ends on 12/31/22, as a member of the Advisory Committee on Rules, succeeding Judge John H. Emfinger, resigned. Order entered 5/17/21.</ul><br><hr>
Date: May 14, 2021
Citation: 2020-IA-01199-SCT
Docket Number: 2020-IA-01199-SCT
Justia Opinion Summary: On November 3, 2020, a strong majority of the voters of Mississippi approved Initiative 65, which established a legal medical-marijuana program. The Petitioners challenged the Secretary of State’s approval of the…
Date: May 13, 2021
Citation: 2019-CT-00258-SCT
Gabriel Curtis's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 5/07/21.
Date: May 13, 2021
Citation: 2019-M-01279
Antonio Wallace's Objection to En Banc Order is denied. All Justices Agree to Deny. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J., Order entered 5/10/21.
Date: May 6, 2021
Citation: 2017-CT-00411-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, P.JJ., and Coleman, J., would grant.
Date: May 6, 2021
Citation: 2018-CT-00534-SCT
Docket Number: 2018-CT-00534-SCT
Justia Opinion Summary: The Mississippi Supreme Court granted certiorari to review the Court of Appeals’ decision to affirm Kelvin Taylor's two convictions for murder and his conviction for felonious possession of a firearm. Taylor argued the…
Date: May 6, 2021
Citation: 2019-AN-00733-SCT
Docket Number: 2019-AN-00733-SCT
Justia Opinion Summary: This appeal arose from two cases filed in the Chancery Court of Madison County, Mississippi, consolidated by the chancery court on its own order. Petitioners from the community of Gluckstadt sought incorporation of…
Date: May 6, 2021
Citation: 2019-CA-00838-SCT
Docket Number: 2019-CA-00838-SCT
Justia Opinion Summary: Will Hughes and Chad Penn were commercial farmers who leased farmland in Madison County, Mississippi. They began using propane cannons in the summer months to deter deer from eating their crops. Because of the…
Date: May 6, 2021
Citation: 2019-CT-00579-SCT
The Petition for Writ of Certiorari filed by counsel for South Panola School District 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 5/03/21.
Date: May 6, 2021
Citation: 2019-IA-01483-SCT
Docket Numbers: 2019-IA-01483-SCT, 2009-CA-00053-SCT
Justia Opinion Summary: This case involved a dispute between Liberty Mutual Insurance Company (Liberty Mutual), Hill Brothers Construction Company (Hill Brothers) and the Mississippi Transportation Commission (the Commission) regarding a…
Date: April 29, 2021
Citation: 2019-CA-01011-SCT
Docket Numbers: 2019-CA-01011-SCT, 2019-CA-01012-SCT
Justia Opinion Summary: Two cases were consolidated for review. In the first, Amanda Boyd and George Ben Ratcliff Jr. (George Ben Jr.) filed a complaint challenging an inter vivos gift of real property to Patricia Smith, which ended in the…
Date: April 29, 2021
Citation: 2019-CT-00869-SCT
The Petition for Writ of Certiorari filed by Shaquil Oneal Sands is denied. All Justices Agree. Order entered.
Date: April 29, 2021
Citation: 2019-CT-01457-SCT
The Petition for a Writ of Certiorari filed pro se by Wendell Duncan is denied. To Deny: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Not Participating: King, P.J. Order entered 4/22/21.
Date: April 29, 2021
Citation: 2019-CT-01582-SCT
Docket Number: 2019-CT-01582-SCT
Justia Opinion Summary: Larry Chapin Hesler II, an inmate in the custody of the Mississippi Department of Corrections (MDOC), filed a petition for certiorari review of the Mississippi Court of Appeals’ decision to remand his action to the…
Date: April 22, 2021
Citation: 2018-CT-01184-SCT
The Petition for Writ of Certiorari filed by James Leslie Henderson is granted. To Grant: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ., and Coleman, J. Order entered 4/16/21.
Date: April 22, 2021
Citation: 2019-CT-00750-SCT
The Petition for Writ of Certiorari filed by Tracy Ellis is denied. All Justices Agree. Order entered 4/15/21.
Date: April 15, 2021
Citation: 2018-CT-01371-SCT
The Petition for Certiorari and the Amendment to Petition for Certiorari filed by counsel for DeAngelo Morment is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 4/08/21.
Date: April 15, 2021
Citation: 2019-CA-00283-SCT
The Motion to Lift Stay filed by the State of Mississippi is granted. The stay in this appeal, No. 2019-CA-00283-SCT, is now lifted. The State shall supplement the appellate record with a transcript of the ordered hearing and a certified copy of the trial court's January 26, 2021 opinion. Within 30 days of the transcript and certified copy of the opinion being filed with this Court, the parties may simultaneously file supplemental briefs addressing the trial court's finding in that opinion. By separate en banc order in No. 2021-TS-00220-SCT, the Court has granted the State's Motion to Dismiss and dismissed Batiste's separate appeal of the trial court's January 26, 2021 opinion, docketed on case number 2021-TS-00220-SCT. Consequently, Batiste's Motion to Consolidate appeals is dismissed as moot. Order entered 4/08/21.
Date: April 15, 2021
Citation: 2019-CA-00609-SCT
Docket Number: 2019-CA-00609-SCT
Justia Opinion Summary: The chancery court granted divorce to William Jack ("BJ") Kerr on the ground of habitual cruel and inhuman treatment and its award of joint custody of the minor child, WHK. India Kerr argued the chancellor erred by…
Date: April 15, 2021
Citation: 2019-CT-00024-SCT
Michael Shane Buford's Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Coleman and Ishee, JJ. To Deny: Randolph, C.J., Maxwell, Beam, Chamberlin and Griffis, JJ. Order entered 4/08/21.
Date: April 15, 2021
Citation: 2019-CT-00423-SCT
The Petition for Writ of Certiorari filed pro se by Kendrick Waters is denied. All Justices Agree. Order entered 4/08/21.
Date: April 15, 2021
Citation: 2019-CT-00515-SCT
The Petition for Writ of Certiorari filed by Hubert Anderson is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Kitchens and King, P.JJ., and Ishee, J. Order entered.
Date: April 15, 2021
Citation: 2019-CT-00758-SCT
Denzel Smith's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.
Date: April 15, 2021
Citation: 2019-IA-00478-SCT
Docket Number: 2019-IA-00478-SCT
Justia Opinion Summary: Bennie Stapleton sued GEICO for abusing the judicial process after GEICO obtained a default judgment against him that was later set aside. An interlocutory appeal arose from the circuit court's denial of GEICO’s motion…
Date: April 15, 2021
Citation: 2019-KA-01365-SCT
Docket Number: 2019-KA-01365-SCT
Justia Opinion Summary: Tony Randell Barnett, Jr., was convicted of armed bank robbery. The sole issue on appeal was whether the evidence presented at trial was sufficient to support Barnett’s conviction. After review of the trial court record,…
Date: April 15, 2021
Citation: 2019-KA-01830-SCT
Docket Number: 2019-KA-01830-SCT
Justia Opinion Summary: Sergio Sandoval was convicted on two counts of touching a child for lustful purposes and one count of sexual battery and was sentenced to fifteen years for each count of touching and thirty years for sexual battery, all…
Date: April 15, 2021
Citation: 2021-AD-00001-SCT
En banc order directing the disbursement of $137,987.08 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Order entered 4/12/21.</ul><br><hr>
Date: April 15, 2021
Citation: 2021-TS-00220-SCT
The State's Motion to Dismiss is granted for lack of jurisdiction. Batiste's separate appeal of the trial court's January 26, 2021 opinion, docketed as No. 2021-TS-00220-SCT, is dismissed, and costs are assessed to Oktibbeha County. Consequently, Batiste's Motion to Consolidate appeals is dismissed as moot. Order entered 4/08/21.
Date: April 8, 2021
Citation: 2015-DR-00954-SCT
Docket Number: 2015-DR-00954-SCT
Justia Opinion Summary: David Dickerson was convicted by jury of killing his ex-girlfriend and mother of his daughter by shooting and then burning her. In 2015, the Mississippi Supreme Court affirmed Dickerson’s capital-murder conviction and…
Date: April 8, 2021
Citation: 2017-CT-01082-SCT
Docket Number: 2017-CT-01082-SCT
Justia Opinion Summary: In 2015, D’Alandis Love, Perez Love, Kelsey Jennings, and Ken-Norris Stigler were driving in a red Pontiac headed to the Moroccan Lounge when a gold Tahoe approached as they were driving and opened fire. D’Alandis Love…
Date: April 8, 2021
Citation: 2018-CT-00353-SCT
The Petition for Writ of Certiorari filed by William T. White is denied. All Justices Agree. Order entered 4/01/21.
Date: April 8, 2021
Citation: 2018-CT-00910-SCT
The Petition for Writ of Certiorari filed by William Carey University, et al., is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Randolph, C.J., and Griffis, J. Order entered 4/01/21.
Date: April 8, 2021
Citation: 2018-CT-01654-SCT
James L. Hughes's Petition for Writ of Certiorari is granted. All Justices Agree. Order entered 4/05/21.
Date: April 8, 2021
Citation: 2018-KA-01621-SCT
Docket Number: 2018-KA-01621-SCT
Justia Opinion Summary: Jeremy Harris was convicted of attempted burglary of a dwelling with the intent to commit larceny and was sentenced to a term of ten years, with five years suspended. Harris argued on appeal that the trial court erred by…
Date: April 8, 2021
Citation: 2019-CT-00238-SCT
The Petition for Writ of Certiorari filed by Kelvin Rankin is granted. To Grant: All Justices. Order entered 4/01/21.
Date: April 8, 2021
Citation: 2019-CT-01369-SCT
Walter J. Sullivan's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 3/31/21.
Date: April 8, 2021
Citation: 2019-CT-01396-SCT
Patrick King's Motion for a Writ of Certiorari is dismissed as untimely. Order entered 3/30/21.
Date: April 1, 2021
Citation: 2018-CA-00547-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, P.JJ., and Ishee, J., would grant.
Date: April 1, 2021
Citation: 2019-CT-00936-SCT
Terry Lee Ing's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 3/25/21.
Date: April 1, 2021
Citation: 2019-IA-00033-SCT
Docket Number: 2019-IA-00033-SCT
Justia Opinion Summary: Two cases consolidated for the Mississippi Supreme Court's review presented common questions of the validity of a cause of action brought by the Mississippi Attorney General under the Mississippi Consumer Protection Act,…
Date: April 1, 2021
Citation: 2020-AD-00001-SCT
The Office of the State Public Defender's Motion to Withdraw Support for Invoking Mississippi Rule of Criminal Procedure 17.5 is granted. The Joint Petition of the Office of the Mississippi Attorney General and the Office of the State Public Defender to Invoke Mississippi Rule of Criminal Procedure 17.5 in Trial-Court Proceedings Statewide is denied. All Justices Agree. Order entered 3/23/21.</ul><br><hr>
Date: April 1, 2021
Citation: 2020-CA-00285-SCT
Docket Number: 2020-CA-00285-SCT
Justia Opinion Summary: In the year leading up to the Mississippi Legislature’s statutory creation of a lottery, Jonathan Carr registered more than fifty domain names with some iteration of the name Mississippi Lottery. The newly created…
Date: March 25, 2021
Citation: 2018-M-00154
The Application for Leave to Proceed in the Trial Court filed by Randy Anderson is denied. To Deny and Issue Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 3/19/21.
Date: March 25, 2021
Citation: 2019-CA-01435-SCT
Docket Number: 2019-CA-01435-SCT
Justia Opinion Summary: Clayton Harmer, an employee of Coastal Industrial Contractors, failed to yield to a stop sign. The ensuing collision injured Leighann Gonzalez, who filed suit against Coastal Industrial Contractors and Harmer. Coastal…
Date: March 25, 2021
Citation: 2019-CT-00133-SCT
Cedric Carter's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 3/16/21.
Date: March 25, 2021
Citation: 2019-CT-00197-SCT
Allen Nicolaou's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 3/19/21.
Date: March 25, 2021
Citation: 2019-IA-01391-SCT
Docket Number: 2019-IA-01391-SCT
Justia Opinion Summary: In 2018, the State of Mississippi filed a complaint against Navient Corporation and Navient Solutions, LLC (together, “Navient”), alleging that Navient’s origination of high-cost, subprime loans and predatory practices…
Date: March 25, 2021
Citation: 2020-CP-00920-SCT
Docket Number: 2020-CP-00920-SCT
Justia Opinion Summary: In 2018, Curtis Curry sent an application for compensation to the Victim Compensation Division of the Mississippi Attorney General’s Office. Curry’s claim arose from an aggravated assault that occurred on December 29,…
Date: March 25, 2021
Citation: 2020-IA-01293-SCT
The Petition for Interlocutory Appeal by Permission filed by Westland Shopping Center, LP, is granted. The Petition for Interlocutory Appeal filed by Magic Nails, LLC, is granted. To Grant the Petitions: Randolph, C.J., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ. To Deny the Petitions: Kitchens and King, P.JJ., and Beam, J. Order entered 3/16/21.
Date: March 18, 2021
Citation: 2019-CA-01300-SCT
Docket Number: 2019-CA-01300-SCT
Justia Opinion Summary: Sherry Williams sued the City of Batesville, Mississippi for negligence in maintaining its sewer system after her home and property were flooded by raw sewage. The circuit court granted the City’s summary-judgment…
Date: March 18, 2021
Citation: 2019-CT-00804-SCT
Appellant's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered 3/12/21.
Date: March 18, 2021
Citation: 2019-CT-00927-SCT
The Motion for Extension of Time to File Writ of Certiorari filed by Willie Ray Lay is granted. The Motion for a Writ of Certiorari filed by Willie Ray Lay is denied. All Justices Agree. Order entered 3/15/21.
Date: March 18, 2021
Citation: 2020-CP-00240-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: March 11, 2021
Citation: 2015-CA-01886-SCT
Docket Number: 2015-CA-01886-SCT
Justia Opinion Summary: This case arose from a two-car accident in Mississippi in which a Hyundai Excel was traveling southbound at a closing speed of 68 to 78 mph and, for reasons unknown, crossed the center line into the oncoming lane of…
Date: March 11, 2021
Citation: 2018-CA-01709-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, P.JJ., would grant.
Date: March 11, 2021
Citation: 2019-CA-01103-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: March 11, 2021
Citation: 2019-CT-00269-SCT
Appellees' Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Griffis, J. Order entered 3/02/21.
Date: March 11, 2021
Citation: 2019-CT-00282-SCT
The Petition for Writ of Certiorari filed by Lisa Sandlin is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Ishee, J. Order entered.
Date: March 11, 2021
Citation: 2019-CT-01735-SCT
The Petition for Writ of Certiorari filed by Adam Brent Wallace is denied. All Justices Agree. Order entered.
Date: March 11, 2021
Citation: 2020-IA-01116-SCT
Dr. Benjamin Rush's Motion for Clarification is denied without prejudice to his right to seek relief in the trial court. All Justices Agree. Order entered 3/03/21.
Date: March 11, 2021
Citation: 2020-SA-00174-SCT
Docket Number: 2020-SA-00174-SCT
Justia Opinion Summary: The City of Biloxi (City), the Secretary of State on behalf of the State of Mississippi (State), and the Board of Trustees of the State Institutes of Higher Learning (IHL) settled an ownership dispute over coastal…
Date: March 4, 2021
Citation: 2015-M-01153
The Appeal from Judgment, which is treated as a motion for post-conviction relief is denied. Bobby Keith Barnett is hereby restricted from filing further applications for post-conviction collateral relief (or pleadings in that nature) that are related to this conviction and sentence in forma pauperis. The Clerk of this Court shall not accept for filing any further applications for post-conviction collateral relief (or pleadings in that nature) from Barnett that are related to this conviction and sentence unless he pays the applicable docket fee. To Deny with Sanctions: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the order with Separate Written Statement Joined by Kitchens, P.J. Corrected Order entered 3/02/21.
Date: March 4, 2021
Citation: 2019-CA-01328-SCT
The Motion for Rehearing filed by Appellant is denied. Kitchens and King, P.JJ., would grant.
Date: March 4, 2021
Citation: 2019-CA-01805-SCT
Docket Number: 2019-CA-01805-SCT
Justia Opinion Summary: D.G.E.C. was born on June 1, 2016. Her biological parents were Rachel Coulter and Cody Jones. Coulter and Jones never married. On the evening of August 6, 2016, Jones took the nine-week-old baby to a room in their…
Date: March 4, 2021
Citation: 2019-CT-00073-SCT
Docket Number: 2019-CT-00073-SCT
Justia Opinion Summary: In 2017, Plaintiffs filed suit against the Defendants. Between 2002 and 2005, Plaintiffs (all retirees from BellSouth) rolled most of their retirement assets over to Steven Savell, their financial advisor at Morgan…
Date: March 4, 2021
Citation: 2019-CT-00909-SCT
The Motion to Dismiss Application for Writ of Certiorari filed by the Harrison County Board of Supervisors is hereby granted. The Petition for Writ of Certiorari filed by Henry W. Kinney is hereby dismissed as moot. All Justices Agree. Order entered 2/25/21.
Date: March 4, 2021
Citation: 2019-CT-01109-SCT
The Petition for Writ of Certiorari filed by counsel for Parish Transport, LLC and Eric Parish is granted. To Grant: All Justices. Order entered on 2/26/21.
Date: March 4, 2021
Citation: 2019-CT-01652-SCT
The Petition for Writ of Certiorari filed pro se by Brian Williams is denied. To Deny All Justices. Order entered 2/25/21.
Date: March 4, 2021
Citation: 2019-EC-01673-SCT
The Motion for Rehearing filed by Appellant is denied. Randolph, C.J., Maxwell and Griffis, JJ., would grant. Kitchens and King, P.JJ., not participating.
Date: March 4, 2021
Citation: 2020-M-00699
Bobby Wilson's Application for Leave to Proceed in the Trial Court is hereby denied. Bobby Wilson is hereby restricted from filing further applications for post-conviction relief (or pleadings in that nature) that are related to this conviction and sentence in forma pauperis. The Clerk of this Court shall not accept for filing any further application for post-conviction collateral relief (or pleadings in that nature) from Wilson that are related to this conviction and sentence unless Wilson pays the applicable docket fee. To Deny with Sanctions: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny without Sanctions: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 2/26/21.
Date: February 25, 2021
Citation: 2019-CT-00212-SCT
St. Dominic-Jackson Memorial Hospital's Petition for Writ of Certiorari is hereby denied. To Deny: Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Randolph, C.J., Coleman and Griffis, JJ. Order entered 2/22/21.
Date: February 18, 2021
Citation: 2018-CT-01515-SCT
Jermeka Blakely's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Kitchens and King, P.JJ., and Ishee, J. Order entered 2/09/21.
Date: February 18, 2021
Citation: 2018-CT-01677-SCT
Pierce Realty, Inc. and Darian Pierce's Petition for Writ of Certiorari is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Not Participating: Randolph, C.J. Order entered 2/12/21.
Date: February 18, 2021
Citation: 2019-CT-00034-SCT
The Petition for Writ of Certiorari filed by Tasha Mercedez Shelby is denied. To Deny: All Justices. Order entered 2/10/21.
Date: February 18, 2021
Citation: 2019-CT-00248-SCT
Petitioner's Petition for Writ of Certiorari is hereby denied. All Justices Agree. Order entered 2/11/21.
Date: February 18, 2021
Citation: 2019-CT-01052-SCT
The Petition for Writ of Certiorari filed by Shannon Hinton is denied. To Deny: All Justices. Order entered 2/12/21.
Date: February 18, 2021
Citation: 2020-IA-00390-SCT
Docket Number: 2020-IA-00390-SCT
Justia Opinion Summary: James Fannings had his former attorney served with a handwritten summons that deviated from requirements set out in the Mississippi Rules of Civil Procedure. At issue was whether the summons substantially complied with…
Date: February 11, 2021
Citation: 2018-CT-00532-SCT
The Petition for Writ of Certiorari filed by Appellee Carrie Anderson is hereby denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Randolph, C.J. Order entered 2/04/21.
Date: February 11, 2021
Citation: 2018-CT-01266-SCT
Roosevelt Harris's pro se Writ of Certiorari is hereby denied. All Justices Agree. Order entered 2/08/21.
Date: February 11, 2021
Citation: 2018-CT-01550-SCT
The Petition for Writ of Certiorari of James Gray d/b/a Gray Trucking and Kevin Parker is granted. To Grant: Randolph, C.J., Coleman, Maxwell, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ., Beam and Chamberlin, JJ. Order entered 2/04/21.
Date: February 11, 2021
Citation: 2018-CT-01611-SCT
The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Kitchens and King, P.JJ., Coleman, Beam, Chamberlin and Ishee, JJ. To Grant: Randolph, C.J., Maxwell and Griffis, JJ. Order entered 2/04/21.
Date: February 11, 2021
Citation: 2019-CT-00444-SCT
Albert McDonald's Petition for Writ of Certiorari is hereby dismissed as untimely. Order entered 2/05/21.
Date: February 11, 2021
Citation: 2019-CT-00529-SCT
Petitioner's Petition for Writ of Certiorari is hereby denied. All Justices Agree. Order entered 2/04/21.
Date: February 11, 2021
Citation: 2019-CT-01246-SCT
The Petition for Writ of Certiorari filed by Mississippi Bureau of Narcotics is hereby denied. All Justices Agree to Deny. Order entered 2/05/21.
Date: February 11, 2021
Citation: 2019-IA-01775-SCT
Docket Number: 2019-IA-01775-SCT
Justia Opinion Summary: Linda Battise was the mother of Joseph Aucoin, deceased. Joseph and Sheila Aucoin were married and had two daughters. After Joseph’s death, Sheila began restricting Linda’s visitation with the children because Linda was…
Date: February 11, 2021
Citation: 2020-IA-01017-SCT
Petitioner's Petition for Interlocutory Appeal is hereby granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed as required by Mississippi Rules of Appellate Procedure 10 and 11. To Grant: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. Order entered 2/05/21.
Date: February 11, 2021
Citation: 2020-M-01287
Glen Payton's Petition for Post-Conviction Collateral Relief from Judgment is denied. To Deny with Sanctions Warning: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny without Sanctions Warning: Kitchens and King, P.JJ., and Coleman, J. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 2/05/21.
Date: February 4, 2021
Citation: 2011-M-00193
Sam Bradford's Application for Leave to File Motion for Post-Conviction Collateral Relief is dismissed. Sam Bradford is hereby restricted from filing further applications for post-conviction collateral relief (or pleadings in that nature) that are related to this conviction and sentence in forma pauperis. The Clerk of this Court shall not accept for filing any further applications for post-conviction collateral relief (or pleadings in that nature) from Bradford that are related to this conviction and sentence unless he pays the applicable docket fee. To Deny with Sanctions: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 2/02/21.
Date: February 4, 2021
Citation: 2016-M-00576
Tyrone Burrell's Application for Leave to File Post-Conviction Collateral Relief in the Trial Court is denied. Tyrone Burrell is hereby restricted from filing further applications for post-conviction collateral relief (or pleadings in that nature) that are related to this conviction and sentence in forma pauperis. The Clerk of this Court shall not accept for filing any further applications for post-conviction collateral relief (or pleadings in that nature) from Burrell that are related to this conviction and sentence unless he pays the applicable docket fee. To Deny with Sanctions: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 2/02/21.
Date: February 4, 2021
Citation: 2017-CT-00411-SCT
Docket Number: 2017-CT-00411-SCT
Justia Opinion Summary: Following the death of his four-month-old daughter and his subsequent indictment for murder, Joshua Clark was convicted of depraved-heart murder. The prosecution relied heavily on the testimony of Dr. Karen Lakin, a…
Date: February 4, 2021
Citation: 2019-CA-01159-SCT
Docket Number: 2019-CA-01159-SCT
Justia Opinion Summary: A tax sale was found void due to the Jackson County, Mississippi Chancery Clerk's failure to comply with the notice requirements of Mississippi Code Section 27-43-3 (Rev. 2017). After Deborah Hallford came home to find…
Date: February 4, 2021
Citation: 2019-CT-00983-SCT
The Amended Petition for Writ of Certiorari filed by Mueller Industries and Zurich American Insurance Company is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Ishee and Griffis, JJ. Order entered.
Date: February 4, 2021
Citation: 2019-CT-01582-SCT
The Petition for Writ of Certiorari filed pro se by Larry Chapin Hesler, II is granted. To Grant: Kitchens and King, P.JJ., Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J., Coleman, Maxwell and Beam, JJ. Order entered.
Date: February 4, 2021
Citation: 2019-IA-00954-SCT
Docket Number: 2019-IA-00954-SCT
Justia Opinion Summary: This interlocutory appeal stemmed from a trial judge granting partial summary judgment, dismissing a claim of malicious prosecution. Richard and Victoria Wilbourn were in a longstanding domestic matter. Victoria accused…
Date: February 4, 2021
Citation: 2019-KA-00814-SCT
Docket Number: 2019-KA-00814-SCT
Justia Opinion Summary: Darron Thames was indicted by grand jury for conspiracy to commit murder and accessory after the fact to murder. Thames was acquitted by a jury of the conspiracy charge, but he was found guilty of accessory after the…
Date: February 4, 2021
Citation: 2019-M-01279
Antonio Daniel Wallace's "Motion Seeking Leave to Proceed to File Post-Conviction Collateral Relief" is denied. His "Motion to Amend Previously Filed Application for Leave to Proceed in the Trial Court for Post[-]Conviction Relief" and his "Motion for Leave to Submit Additional Facts, Arguments and Evidence Regarding Ineffective Assistance of Counsel" are granted. His "Motion to Suspend [Judgment] on Petitioner's Pending Application for Leave to Proceed in the Trial Court for Post[-]Conviction Relief" is dismissed as moot. To Deny with Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 2/02/21.
Date: February 4, 2021
Citation: 2020-CA-01029
The Motion to Dismiss Appeal for Lack of Standing filed by Appellee Barker Investments, LLC is denied. Upon the entry of the En Banc Order, the Clerk of the Court shall correct the style of the case to provide, as follows: Ridgewood Place Group, LLC v. Barker Investments, LLC. All Justices Agree. Order entered 1/27/21.
Date: February 4, 2021
Citation: 2020-M-01283-SCT
This matter is before the Court, sitting en banc, on State Auto Property & Casualty Insurance Company's petition for interlocutory appeal and motion to stay trial court proceedings, and the Court, having considered the same, finds and adjudicates that said petition and motion should be, and the same hereby are, denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Coleman and Griffis, JJ. Order entered 1/28/21.
Date: January 28, 2021
Citation: 2019-CT-00230-SCT
Larrell Abram's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 1/22/21.
Date: January 28, 2021
Citation: 2019-CT-00307-SCT
Marlene Nolan's Petition for Writ of Certiorari is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Randolph, C.J. Order entered 1/21/21.
Date: January 28, 2021
Citation: 2019-CT-00430-SCT
The Petition for Writ of Certiorari filed by Luis Felipe Torres Mendez is denied. All Justices Agree. Order entered.
Date: January 28, 2021
Citation: 2019-CT-00828-SCT
Johnny Strickland's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 1/19/21.
Date: January 28, 2021
Citation: 2020-IA-01116-SCT
The Petition for Interlocutory Appeal filed by Dr. Benjamin Rush is granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. This matter is remanded to the Circuit Court of Lauderdale County for further proceedings consistent with this Order. Agrees: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Disagrees: Griffis, J. Order entered 1/20/21.
Date: January 28, 2021
Citation: 2020-M-00961
The Motion for Leave filed pro se by Johnny Turner is denied. To Deny with Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.
Date: January 21, 2021
Citation: 2018-CT-00534-SCT
The pro se Petition for a Writ of Certiorari to Mississippi Supreme Court filed by Kelvin Taylor is granted. To Grant: Kitchens and King, P.JJ., Coleman, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, C.J., Maxwell and Griffis, JJ. Order entered 1/14/21.
Date: January 21, 2021
Citation: 2018-CT-00851-SCT
Ronald Moore's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 1/13/21.
Date: January 21, 2021
Citation: 2018-CT-01006-SCT
The Clerk of the Court shall recall the mandate that was issued on September 22, 2020. Antonio Laron Bridges's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 1/14/21.
Date: January 21, 2021
Citation: 2018-CT-01008-SCT
The Petition for Writ of Certiorari filed by Keith M. Aubert is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Ishee and Griffis, JJ. Order entered.
Date: January 21, 2021
Citation: 2018-CT-01652-SCT
The Petition for Writ of Certiorari filed by Charles Nance is denied. All Justices Agree. Order entered.
Date: January 21, 2021
Citation: 2019-CT-00180-SCT
Cynthia Buford's Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Ishee and Griffis, JJ. To Deny: Randolph, C.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Order entered 1/13/21.
Date: January 21, 2021
Citation: 2019-CT-00276-SCT
The Petition for Writ of Certiorari filed by Pete Walker is denied. To Deny: All Justices. Order entered 1/14/21.
Date: January 21, 2021
Citation: 2019-CT-00623-SCT
Docket Number: 2019-CT-00623-SCT
Justia Opinion Summary: Cephus Terry was charged with possession of cocaine with intent to sell, possession of methamphetamine, possession of Tramadol, and two counts of possession of a firearm by a felon. He was convicted on all five counts,…
Date: January 21, 2021
Citation: 2019-KA-01304-SCT
Docket Number: 2019-KA-01304-SCT
Justia Opinion Summary: Kadedria Hampton appealed her convictions for two counts of felony child abuse for burning and starving a minor child. She claimed on appeal that there constitutional right to be present at every stage of her jury trial…
Date: January 21, 2021
Citation: 2020-IA-01199-SCT
The Motion for Reconsideration filed by the Mississippi Municipal League, Inc., is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, C.J., Ishee and Griffis, JJ. Order entered 1/14/21.
Date: January 21, 2021
Citation: 89-R-99039-SCT
En banc order appointing Justice Robert P. Chamberlin for an indefinite term as Chair of the State Intervention Courts Advisory Committee upon prior designation of the Director of the Administrative Office of the Courts and appointing the following as members with terms ending December 31, 2022: Judge Michael M. Taylor, Judge Winston L. Kidd, Judge Robert Helfrich, Judge Charles E. Webster, Judge Robert P. Krebs, Melody Madaris, Representative Angela Cockerham, Stacey E. Pickering, Judge Sharon W. Sigalas, and Gary Young. All Justices Agree. Order entered 1/19/21.</ul><br><hr>
Date: January 14, 2021
Citation: 2019-IA-00586-SCT
The Motion for Rehearing filed by Appellant is denied.
Date: January 14, 2021
Citation: 2020-CA-00010-SCT
Docket Number: 2020-CA-00010-SCT
Justia Opinion Summary: Kenneth Rogers appealed a chancery court order granting authority to the executor of the Estate of Costas E. Pavlou (the estate) to disburse funds to the estate’s attorneys. The chancellor found that Rogers lacked…
Date: January 14, 2021
Citation: 2020-CP-00240-SCT
Docket Number: 2020-CP-00240-SCT
Justia Opinion Summary: Ashley Bionte Johnson filed a petition for presumption of death and requested that the chancellor presume her father, Audray Johnson, dead. She claimed that her father, Audray, had been gone from his physical body for…
Date: January 14, 2021
Citation: 2021-AD-00001-SCT
En banc order directing the disbursement of $179,281.45 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Order entered 1/7/21.</ul><br><hr>
Date: January 7, 2021
Citation: 2018-CT-00263-SCT
The Petition for Writ of Certiorari filed by counsel for Verina Childs is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: King, P.J. Not Participating: Kitchens, P.J. Order entered 01/05/21.
Date: January 7, 2021
Citation: 2019-CT-00028-SCT
The Petition for Writ of Certiorari filed by Andre Kennedy is denied. All Justices Agree. Order entered.
Date: January 7, 2021
Citation: 2019-CT-00842-SCT
Roosevelt Williams's Petition for Writ of Certiorari is dismissed as untimely. Order entered 12/22/20.
Date: January 7, 2021
Citation: 2020-M-00872
UMMC's Combined Petition and Brief for Interlocutory Appeal by Permission and for a Stay of Proceedings Pending Appeal is granted. Further trial court proceedings in Jensen v. University of Mississippi Medical Center, No. 19-830, 25CO1:19-cv-00830-LCS (Cnty. Ct. of the First Jud. Dist. of Hinds Cnty., Miss.), are stayed until the issuance of the Supreme Court mandate in this appeal. To Grant: King, P.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J., Kitchens, P.J., and Coleman, J. Order entered.
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