Supreme Court of Mississippi Decisions 2023
Date: December 14, 2023
Citation: 2021-CA-01115-SCT
The motion for rehearing filed by the appellant is denied. Kitchens and King, P.JJ., would grant.
Date: December 14, 2023
Citation: 2021-CA-01300-SCT
The motion for rehearing filed by the appellant is denied. Kitchens and King, P.JJ., would grant.
Date: December 14, 2023
Citation: 2021-CT-00505-SCT
Petition for Writ of Certiorari filed by Jason Clayton 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 12/5/23.
Date: December 14, 2023
Citation: 2021-CT-00830-SCT
Petition for Writ of Certiorari filed by counsel for Genoris Williamson is denied. To Deny: All Justices. Order entered 12/11/23.
Date: December 14, 2023
Citation: 2022-CT-00149-SCT
Petition for Writ of Certiorari filed by Appellant Michael Holliday is denied. To Deny: All Justices. Order entered 12/5/23.
Date: December 14, 2023
Citation: 2022-CT-00290-SCT
Petition for Writ of Certiorari filed by counsel for Dontavious Applewhite is denied. Petition for Writ of Certiorari filed by Dontavious Applewhite, pro se, is also denied. To Deny Both Petitions: All Justices. Order entered 12/6/23.
Date: December 14, 2023
Citation: 2022-CT-00338-SCT
Petition for Writ of Certiorari filed by Appellants David Rhodes and Donna Rhodes is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Randolph, C.J. Order entered 12/11/23.
Date: December 14, 2023
Citation: 2022-CT-00383-SCT
Appellant's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 12/6/23.
Date: December 14, 2023
Citation: 2022-IA-01264-SCT
Justia Opinion Summary: In a dispute before the Supreme Court of Mississippi, Amrut Patel claimed that Dilip Bhana failed to repay three loans. The Chancery Court of DeSoto County had granted a judgment in favor of Patel in 2014. In 2021, Patel…
Date: December 14, 2023
Citation: 2022-KA-00617-SCT
Justia Opinion Summary: In this criminal case, the Supreme Court of Mississippi upheld the conviction of the defendant, Adam Mills, for first-degree murder. The case stemmed from Mills brutally killing his girlfriend while allegedly under the…
Date: December 14, 2023
Citation: 2023-CA-00132-SCT
Justia Opinion Summary: In this legal malpractice claim, Rachel Breal sued her former attorneys, the Downs Law Group and others, for allegedly negligent representation in a dismissed BP Deepwater Horizon oil-spill claim. The case was filed in…
Date: December 14, 2023
Citation: 2023-M-00481-SCT
Petition for Interlocutory Appeal filed by Petitioners 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 12/7/23.
Date: December 7, 2023
Citation: 2013-DR-01796-SCT
Leslie Galloway's motion to stay mandate pending 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.
Date: December 7, 2023
Citation: 2017-M-00685
Date: December 7, 2023
Citation: 2021-CA-00466-SCT
The motion for rehearing filed by the appellants is denied.
Date: December 7, 2023
Citation: 2021-CT-00280-SCT
Justia Opinion Summary: In 2004, De’Andre Dampier was convicted of a capital murder committed during an auto-dealership robbery when he was 16 years old. He was sentenced to life in prison without parole, which was the only statutory sentence…
Date: December 7, 2023
Citation: 2021-CT-00472-SCT
Steven L. Lewis's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 11/29/23.
Date: December 7, 2023
Citation: 2021-CT-01048-SCT
Petition for Writ of Certiorari filed by Petitioners is denied. All Justices Agree. Order entered 11/28/23.
Date: December 7, 2023
Citation: 2021-CT-01291-SCT
Nina L. Herbert's Motion to Strike Petition for Writ of Certiorari for Untimeliness and Failure to Comply with M.R.A.P. 17(B), and, Alternatively, Response to Petition filed by Mark D. Herbert is granted. Petition for Writ of Certiorari filed by Mark D. Herbert is dismissed. Order entered 11/29/23.
Date: December 7, 2023
Citation: 2022-CA-00695-SCT
The motion for rehearing filed by the appellants is denied.
Date: December 7, 2023
Citation: 2022-CT-00094-SCT
Petition for Writ of Certiorari filed by Dung Thank Tran is denied. To Deny: All Justices. Order entered 11/28/23.
Date: December 7, 2023
Citation: 2022-CT-00157-SCT
Petition for Writ of Certiorari filed by Geor'Barri Wells is denied. All Justices Agree. Order entered 11/30/23.
Date: December 7, 2023
Citation: 2022-CT-01059-SCT
George A. Sanders's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 11/29/23.
Date: December 7, 2023
Citation: 2023-DR-01076-SCT
The current extended deadline for filing the State of Mississippi's response to Willie Manning's Motion for Leave to File Successive Petition for Post-Conviction Relief is December 29, 2023, with any reply by Manning due within 15 days after notice of the filing of the State's response. No extensions of those deadlines will be granted absent exigent circumstances. The State's Motion to Lift Stay of Execution, Set Execution Date, and Dismiss Second Successive PCR Motion should be held in abeyance until the Court rules upon Manning's Motion for Leave to File Successive Petition for Post-Conviction Relief. All Justices Agree. Order entered 11/30/23.
Date: December 7, 2023
Citation: 2023-M-00604-SCT
Petition for Interlocutory Appeal filed by Sudhakar Madakasira, M.D., and Psycamore, LLC is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Beam, Chamberlin and Ishee, JJ. To Grant: Coleman, Maxwell and Griffis, JJ. Order entered 11/29/23.
Date: December 7, 2023
Citation: 95-DP-00066-SCT
The current extended deadline for filing the State of Mississippi's response to Willie Manning's Motion for Leave to File Successive Petition for Post-Conviction Relief is December 29, 2023, with any reply by Manning due within 15 days after notice of the filing of the State's response. No extensions of those deadlines will be granted absent exigent circumstances. The State's Motion to Lift Stay of Execution, Set Execution Date, and Dismiss Second Successive PCR Motion should be held in abeyance until the Court rules upon Manning's Motion for Leave to File Successive Petition for Post-Conviction Relief. All Justices Agree. Order entered 11/30/23.
Date: November 30, 2023
Citation: 2020-CT-01384-SCT
Petition for Writ of Certiorari filed by counsel for Appellees/Petitioners is denied. To Deny: All Justices. Order entered 11/22/23.
Date: November 30, 2023
Citation: 2021-CT-00684-SCT
Petition for Writ of Certiorari filed by Appellants David L. Kirk and I.B. Logistics, Inc., 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 11/17/23.
Date: November 30, 2023
Citation: 2021-CT-01109-SCT
Tykevious Durr'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 11/15/23.
Date: November 30, 2023
Citation: 2022-CA-00371-SCT
Justia Opinion Summary: In Mississippi, Jackson Sales & Storage Co. (JSSC), a subsidiary of National Presto Industries, was granted an annual exemption from ad valorem property taxes by Hinds County for almost forty years. This exemption was…
Date: November 30, 2023
Citation: 2022-CA-00964-SCT
Beam, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur.
Date: November 30, 2023
Citation: 2022-CT-00206-SCT
Petition for Writ of Certiorari filed by Canton Manor and Mississippi Health Care Association is denied. To Deny: All Justices. Order entered 11/15/23.
Date: November 30, 2023
Citation: 2022-KA-00807-SCT
Justia Opinion Summary: In the Supreme Court of Mississippi, Isaiah Gunn was convicted of first degree murder, attempted murder, aggravated assault, and shooting into a dwelling. He was sentenced to life, forty years, twenty years, and ten…
Date: November 16, 2023
Citation: 2021-CA-01313-SCT
Docket Number: 2021-CA-01313-SCT
Justia Opinion Summary: In February 2003, Devin Bennett was found guilty of capital murder, and a jury sentenced him to death. The Mississippi Supreme Court affirmed Bennett’s conviction and sentence on appeal. In 2006, Bennett sought leave…
Date: November 16, 2023
Citation: 2021-CT-01003-SCT
Christopher Smith'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 11/13/23.
Date: November 16, 2023
Citation: 2021-CT-01038-SCT
Rodger Dawson'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 11/13/23.
Date: November 16, 2023
Citation: 2021-CT-01277-SCT
Petition for Writ of Certiorari filed by Makenzie Baker, pro se, is denied. To Deny: All Justices. Order entered 11/9/23.
Date: November 16, 2023
Citation: 2021-CT-01311-SCT
Marcus McFarland's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 11/13/23.
Date: November 16, 2023
Citation: 2022-CA-00939-SCT
Docket Number: 2022-CA-00939-SCT
Justia Opinion Summary: K&C Logistics, LLC, brought suit in Madison County, Mississippi Circuit Court against Old Dominion Freight Line, Inc., and Daniel Cooper as the result of a vehicle accident that occurred in Nogales, Arizona. The trial…
Date: November 16, 2023
Citation: 2022-CT-00130-SCT
Petition for Writ of Certiorari filed by Judy Faulkner is granted. To Grant: Randolph, C.J., Kitchens, P.J., Coleman and Chamberlin, JJ. To Deny: King, P.J., Maxwell, Beam, Ishee and Griffis, JJ. Order entered 11/13/23.
Date: November 16, 2023
Citation: 2022-IA-00568-SCT
Docket Number: 2022-IA-00568-SCT
Justia Opinion Summary: At Home Care, Inc. filed suit against RiverHills Capital Corporation and others for breach of contract, fraud, and for quiet title surrounding a lease on real property that At Home Care purchased. RiverHills Capital…
Date: November 16, 2023
Citation: 2022-KA-00711-SCT
Docket Number: 2022-KA-00711-SCT
Justia Opinion Summary: Nathan Lollis and his codefendants, Marcel Smith and Charles Wells, were convicted by jury of first degree murder and conspiracy to commit murder. Lollis received a life sentence for murder and twenty years for…
Date: November 16, 2023
Citation: 2023-BD-00057-SCT
Eric John Hessler's Emergency Motion to Clarify Opinion [Miss. Bar v. Hessler, No. 2023-BD-00057-SCT, 2023 WL 6472291 (Miss. Oct. 5, 2023)] is granted to clarify that Hessler is authorized to continue practicing law in Mississippi while his one-year-and-a-day suspension remains in deferred status. All Justices Agree. Order entered 11/8/23.</ul><br><hr>
Date: November 9, 2023
Citation: 2021-CT-00306-SCT
Docket Number: 2021-CT-00306-SCT
Justia Opinion Summary: In August 2023, the Mississippi Supreme Court granted Kelton Hathorne Sr.’s petition for writ of certiorari. Hathorne appealed a circuit court order that denied his motion for post-conviction collateral relief. On…
Date: November 9, 2023
Citation: 2021-CT-01381-SCT
Petition for Writ of Certiorari filed by Antonio McDowell 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 11/3/23.
Date: November 9, 2023
Citation: 2021-KA-01276-SCT
The motion for rehearing filed by the appellant is denied. Kitchens and King, P.JJ., would grant.
Date: November 9, 2023
Citation: 2023-DR-00895-SCT
The State of Mississippi's Motion to Strike Stephen Elliot Powers's First Supplement to Successor Petition for Post-Conviction Relief and the State's Motion to Strike Powers's Motion for Access to Jurors and Disclosure of Documents are denied. The State has to and including December 4, 2023, within which to file substantive responses to Powers's First Supplement to Successor Petition for Post-Conviction Relief and his Motion for Access to Jurors and Disclosure of Documents. All Justices Agree. Order entered 11/3/23.
Date: November 2, 2023
Citation: 2021-CT-00770-SCT
The Petition of Writ of Certiorari filed by Appellee Elizabeth Ann Lamy was granted by order of the Court on August 24, 2023. Upon further consideration, the Court finds that there is no need for further review of this matter and that the writ of certiorari is dismissed on the Court's own motion. Beam, J., for the Court. All Justices Agree. Order entered 11/1/23.
Date: November 2, 2023
Citation: 2021-CT-00789-SCT
Petition for Writ of Certiorari filed by the appellant, The Estate of Charles James Bell, Jr., is denied. To Deny: All Justices. Order entered 10/24/23.
Date: November 2, 2023
Citation: 2021-CT-01385-SCT
Pervis L. Everett's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 10/31/23.
Date: October 26, 2023
Citation: 2021-CT-01371-SCT
Petition for Writ of Certiorari filed pro se by John Aaron Nunn is denied. To Deny: All Justices. Order entered 10/23/23.
Date: October 26, 2023
Citation: 2022-CA-00464-SCT
Docket Number: 2022-CA-00464-SCT
Justia Opinion Summary: Jackson Federation of Teachers (JFT) filed a complaint against the Jackson Public School District (JPS), alleging alleged that certain JPS policies violated the free speech rights of its employees. The trial court: (1)…
Date: October 26, 2023
Citation: 2022-CT-00552-SCT
Petition for Writ of Certiorari filed by Marsha S. Parker is denied. All Justices Agree. Order entered 10/18/23.
Date: October 19, 2023
Citation: 2021-CA-01007-SCT
The motion for rehearing filed by the appellee is denied. Randolph, C.J., and Griffis, J., would grant.
Date: October 19, 2023
Citation: 2021-CA-01115-SCT
Docket Numbers: 2021-CA-01115-SCT, 2021-CA-01300-SCT
Justia Opinion Summary: Construction firm Brasfield & Gorrie, LLC, received the prime contract to expand the University of Mississippi Medical Center Children’s Hospital in 2017. Electrical contractor McInnis Electric Company secured the…
Date: October 19, 2023
Citation: 2021-CT-00694-SCT
Docket Numbers: 2021-CT-00694-SCT, 2021-CT-00695-SCT
Justia Opinion Summary: The Louisiana Workers’ Compensation Commission imposed a $1,000 sanction against an employer’s attorney for submitting misleading documentation to an Administrative Judge (AJ). The Court of Appeals affirmed the sanction…
Date: October 19, 2023
Citation: 2021-CT-01415-SCT
Pervis L. Everett's Petition for Certiorari is denied. All Justices Agree. Order entered 10/10/23.
Date: October 19, 2023
Citation: 2022-KA-01113-SCT
Docket Number: 2022-KA-01113-SCT
Justia Opinion Summary: Charlie Harris appealed his life sentence and the trial court’s denial of his motion for reconsideration. In 2001, Harris was convicted of depraved heart murder and sentenced to life without parole. His conviction and…
Date: October 19, 2023
Citation: 2023-AD-00001-SCT
En banc order directing the disbursement of $137,218.03 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services. Order entered 10/11/23.</ul><br><hr>
Date: October 12, 2023
Citation: 2021-M-01306-SCT
En banc order reappointing Hon. Edward E. Patten, Jr., Paul P. Blake, and Thomas A. Wicker as members of the Judicial Election Oversight Committee for new four-year terms from December 1, 2023, through November 30, 2027. All Justices Agree. Order entered 10/4/23.</ul><br><hr>
Date: October 12, 2023
Citation: 2022-CA-00527-SCT
Docket Number: 2022-CA-00527-SCT
Justia Opinion Summary: On July 12, 2018, Sunbelt Shavings, LLC (Sunbelt), requested that an employee from KC Welding, LLC (KC Welding), come to Sunbelt’s property to repair the door of a box containing wood chips. KC Welding arrived and welded…
Date: October 12, 2023
Citation: 2022-CT-00031-SCT
Petition for Writ of Certiorari filed by Roderick Hopes is denied. To Deny: All Justices. Order entered 10/3/23.
Date: October 12, 2023
Citation: 2023-M-00382-SCT
Petition for Interlocutory Appeal 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 10/6/23.
Date: October 12, 2023
Citation: 89-R-99012-SCT
Order reappointing Anthony R. Simon, Kristopher A. Powell, and Joseph D. Neyman, Jr. to three-year terms (11/1/23 through 10/31/26) as members of the Mississippi Board of Bar Admissions. All Justices Agree. Order entered 10/4/23.</ul><br><hr>
Date: October 5, 2023
Citation: 2013-DR-01796-SCT
Docket Number: 2013-DR-01796-SCT
Justia Opinion Summary: Leslie “Bo” Galloway’s was convicted by jury of the capital murder of Shakeylia Anderson. Galloway’s conviction and sentence were affirmed by the Mississippi Supreme Court on direct appeal. His motion for rehearing was…
Date: October 5, 2023
Citation: 2021-CT-00187-SCT
The pro se Petition for Writ of Certiorari filed by Dwan Diondro Wakefield is denied. All Justices Agree. Order entered 9/28/23.
Date: October 5, 2023
Citation: 2021-CT-00218-SCT
Petition for Writ of Certiorari filed by Calvin Buchanan 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 9/28/23.
Date: October 5, 2023
Citation: 2021-M-01196
Date: October 5, 2023
Citation: 2022-CA-00429-SCT
Docket Number: 2022-CA-00429-SCT
Justia Opinion Summary: Laura Folkes sued PriorityOne Bank (PriorityOne) in Mississippi chancery court, seeking to set aside a foreclosure on the ground that it had been conducted in bad faith. PriorityOne appealed the chancellor’s denial of…
Date: October 5, 2023
Citation: 2023-BD-00963-SCT
Emily Bonds Davey is granted leave under Rule 11(b) of the Rules of Discipline for the Mississippi State Bar to resign in good standing from the practice of law in Mississippi. Emily Bonds Davey's resignation is effective upon the entry of this order. Upon resignation, Emily Bonds Davey shall not practice law in the State of Mississippi and shall not be entitled to any privileges and benefits accorded to active members of the Bar in good standing. Maxwell, J., for the Court. All Justices Agree. Order entered 9/26/23.</ul><br><hr>
Date: September 28, 2023
Citation: 2017-DR-00696-SCT
Docket Number: 2017-DR-00696-SCT
Justia Opinion Summary: A jury sentenced Stephen Powers to death for the attempted rape and murder of Elizabeth Lafferty. After the Mississippi Supreme Court denied post-conviction relief, Powers sought federal habeas relief at the federal…
Date: September 28, 2023
Citation: 2021-CA-00466-SCT
Docket Numbers: 2021-CA-00466-SCT, 2022-CA-00695-SCT
Justia Opinion Summary: Child Protection Services (CPS) petitioned to terminate the parental rights of both parents of three minor children who were sexually abused by their father. The mother, S.F., objected and argued that she should not lose…
Date: September 28, 2023
Citation: 2021-CA-00868-SCT
Docket Number: 2021-CA-00868-SCT
Justia Opinion Summary: "This case hinges on whether Online Travel Companies (OTCs) are encompassed by the definition of hotels found in Mississippi Code Section 41-49-3 (Rev. 2023) and are therefore subject to the tax levied against hotels in…
Date: September 28, 2023
Citation: 2021-CT-00478-SCT
Docket Number: 2021-CT-00478-SCT
Justia Opinion Summary: A Mississippi circuit court granted law firm Campbell DeLong, LLP, a declaratory judgment against a former partner of the firm, Britt Virden, who had alleged breach of contract, among other claims. Virden appealed, and…
Date: September 28, 2023
Citation: 2021-CT-00580-SCT
Docket Number: 2021-CT-00580-SCT
Justia Opinion Summary: The facts of this case involved the formation of a promissory note between James Rhea and Career General Agency, Inc, GuideOne America Insurance Co. and Dennis Basden. The promissory note was allegedly signed in 2007 and…
Date: September 28, 2023
Citation: 2021-CT-00880-SCT
Petition for Writ of Certiorari filed by counsel for Board of Aldermen of the Town of Tutwiler, Mississippi, is denied. To Deny: All Justices. Order entered 9/20/23.
Date: September 28, 2023
Citation: 2022-CA-00441-SCT
Docket Number: 2022-CA-00441-SCT
Justia Opinion Summary: James Warrington, individually and as parent and legal natural guardian of his minor children J.P.W., Kingsley Elise Warrington, and Wesley Ann Warrington, appealed the trial court’s dismissal of his second complaint for…
Date: September 28, 2023
Citation: 2023-BD-00506-SCT
Date: September 28, 2023
Citation: 2023-M-00552-SCT
Petition for Interlocutory Appeal is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman and Ishee, JJ. To Grant: Maxwell, Chamberlin and Griffis, JJ. Not Participating: Beam, J. Order entered 9/22/23.
Date: September 28, 2023
Citation: 2023-M-00948
Petition for Writ of Mandamus and/or Prohibition filed by Circuit Court Judge James McClure, III, is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Ishee and Griffis, JJ. Not Participating: Coleman, Maxwell, Beam and Chamberlin, JJ. Order entered 9/22/23.
Date: September 21, 2023
Citation: 2020-CA-01206-SCT
Docket Numbers: 2020-CA-01206-SCT, 2022-CA-00147-SCT, 2002-IA-01158-SCT, 2008-CA-01700-SCT, 2009-CA-01877-SCT, 2010-CA-00316-SCT
Justia Opinion Summary: Litigation that had been ongoing for twenty years, went before the Mississippi Supreme Court for the third time. The direct appeal involved the West family-owned corporations, West Quality Food Services, Inc. (West…
Date: September 21, 2023
Citation: 2022-CA-00837-SCT
Maxwell, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin and Ishee, JJ., Concur. Griffis, J., not participating.
Date: September 21, 2023
Citation: 2022-CT-00088-SCT
Petition for Writ of Certiorari filed by Lorenzo Hull is denied. To Deny: All Justices. Order entered 9/18/23.
Date: September 21, 2023
Citation: 2022-KA-00754-SCT
Docket Number: 2022-KA-00754-SCT
Justia Opinion Summary: Rita Ann Jenkins appealed her conviction for driving under the influence (DUI), third offense. She argued the trial judge erred by granting a jury instruction that eliminated the prosecution’s burden to prove she was…
Date: September 21, 2023
Citation: 2023-CA-00584-SCT
Docket Number: 2023-CA-00584-SCT
Justia Opinion Summary: This appeal stemmed from the Mississippi Legislature’s passing and the Governor’s signing of House Bill 1020. The catalyst for the Legislature’s passing of House Bill 1020 was described as the “sweltering, undisputed and…
Date: September 14, 2023
Citation: 2021-CP-00513-SCT
The motion for rehearing filed by Brian Baines Biddle is denied.
Date: September 14, 2023
Citation: 2021-CT-00171-SCT
Petition for Writ of Certiorari filed by West Jasper Consolidated School District is denied. All Justices Agree to Deny. Order entered 9/6/23.
Date: September 14, 2023
Citation: 2021-CT-01001-SCT
Petition for Writ of Certiorari filed by Babette Maxwell is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 9/8/23.
Date: September 14, 2023
Citation: 2022-CP-00528-SCT
Docket Number: 2022-CP-00528-SCT
Justia Opinion Summary: Matthew Gilmer filed his notice of appeal thirty-one days after entry of the judgment he appealed. Because Mississippi law required strictly enforced appeals deadlines, the Mississippi Supreme Court dismissed his appeal.…
Date: September 14, 2023
Citation: 2022-KA-00291-SCT
The Motion to Reconsider and Writ of Prohibtion [sic] filed by the appellant, which is in the nature of a motion for rehearing, is denied. Chamberlin, J., not participating.
Date: September 7, 2023
Citation: 2021-CA-01214-SCT
The motion for rehearing filed by Alberto Julio Garcia is denied.
Date: September 7, 2023
Citation: 2021-KA-01276-SCT
Docket Number: 2021-KA-01276-SCT
Justia Opinion Summary: Charles McCollum was convicted by jury on one count of grand larceny for stealing several items from property owned by Brian Mangum. He appealed, claiming the trial court erred by refusing to suppress evidence obtained…
Date: September 7, 2023
Citation: 2022-CA-00445-SCT
King, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.
Date: August 31, 2023
Citation: 2011-M-00201
Howard Neal&rsquos letter motion filed on May 1, 2023, and Motion to Suppress Miss. Code Ann. 47-7-3 filed on June 22, 2023, are granted consistent with the order, and this matter should be remanded to the appropriate circuit court for resentencing. All Justices Agree. Order entered 8/24/23.
Date: August 31, 2023
Citation: 2021-CT-00060-SCT
Petition for Writ of Certiorari filed by Forrest Thomas, III, is denied. To Deny: All Justices. Order entered 8/23/23.
Date: August 31, 2023
Citation: 2021-CT-00770-SCT
Petition for Writ of Certiorari filed by Appellee Elizabeth Ann Lamy is granted. To Grant: Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman and Maxwell, JJ. Order entered 8/24/23.
Date: August 31, 2023
Citation: 2021-KA-00589-SCT
The motion for rehearing filed by the appellant is denied.
Date: August 31, 2023
Citation: 2021-SA-01280-SCT
Docket Number: 2021-SA-01280-SCT
Justia Opinion Summary: Defendant Alex Herrgott, was driving a four-seat Polaris all-terrain vehicle at night down a gravel road when he “overcorrected” trying to avoid a pothole. The ATV overturned, and Joseph MacNabb, a passenger, was…
Date: August 31, 2023
Citation: 2022-CT-00046-SCT
Petition for Writ of Certiorari filed by Truitt Thomas Pace is denied. To Deny: All Justices. Order entered 8/24/23.
Date: August 31, 2023
Citation: 2022-KA-00670-SCT
Docket Number: 2022-KA-00670-SCT
Justia Opinion Summary: Joshua Dukes was convicted of capital murder and was sentenced to life without parole in the custody of the Mississippi Department of Corrections. Dukes appealed, contending: (1) the trial court erred when it allowed the…
Date: August 31, 2023
Citation: 89-R-99010-SCT
Pursuant to Rule 3 of the Rules of Discipline of the Mississippi Bar, the en banc Court appoints or reappoints the following six persons to three-year terms as members of the complaint tribunals effective September 1, 2023: George Philip Schrader IV, Hon. Carol White-Richard, Hon. Jennifer F. Nicaud, Hon. Claiborne (Buddy) McDonald IV, J. Rhea Tannehill, Jr., and Leo J. Carmody. Order entered 8/24/23.</ul><br><hr>
Date: August 24, 2023
Citation: 2021-CA-01007-SCT
Docket Number: 2021-CA-01007-SCT
Justia Opinion Summary: The General Council of the Assemblies of God (General Council) governed the Assemblies of God denomination. Its affiliate, the Mississippi District Council for Assemblies of God (District), governed the denomination’s…
Date: August 24, 2023
Citation: 2021-CT-00306-SCT
Kelton Hathorne, Sr.'s Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J., and Maxwell, J. Order entered 8/18/23.
Date: August 24, 2023
Citation: 2021-CT-00660-SCT
Petition for Writ of Certiorari filed by Justus Barfield 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 8/18/23.
Date: August 24, 2023
Citation: 2021-CT-00740-SCT
Petition for Writ of Certiorari filed by Jeffrey Clyde Pitts 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 8/18/23.
Date: August 24, 2023
Citation: 2021-CT-01209-SCT
Before the Court are Candra Beth Clark&rsquos "Appeal to T.P.R.," "Appeal Petition for Hearing Petition for Certiorari," "Motion for Hearing," and "Motion for Hearing Intercession," which are treated altogether as a petition for a writ of certiorari. The petition is denied. All Justices Agree. Order entered 8/17/23.
Date: August 24, 2023
Citation: 2021-CT-01284-SCT
Petition for Writ of Certiorari filed by Appellees Rosalinde Minier, as Personal Representative of the Estate of Ingeborg Steiner, and Werner Enterprises, Inc., 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 8/17/23.
Date: August 24, 2023
Citation: 2022-IA-00106-SCT
The motion for rehearing filed by Appellees Latonya J. Thompson and Steven Thompson is denied.
Date: August 17, 2023
Citation: 2021-CA-00999-SCT
The motion for rehearing filed by the appellees is denied.
Date: August 17, 2023
Citation: 2021-CT-00580-SCT
Petition for Writ of Certiorari filed by Petitioner is granted. To Grant: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. Order entered 8/10/23.
Date: August 17, 2023
Citation: 2021-CT-00605-SCT
Petition for Writ of Certiorari filed by Liberty National Life Insurance Company 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 8/9/23.
Date: August 17, 2023
Citation: 2021-CT-00767-SCT
Docket Number: 2021-CT-00767-SCT
Justia Opinion Summary: Le Papillon Homeowner’s Association Inc. sought to collect homeowners’ association fees from Loblolly Properties LLC for the nine lots it owned in the Le Papillon development. Loblolly argued that it did not have to pay…
Date: August 17, 2023
Citation: 2021-IA-01199-SCT
The motion for rehearing filed by the appellees is denied. Griffis, J., would grant.
Date: August 17, 2023
Citation: 2021-IA-01405-SCT
Docket Numbers: 2021-IA-01405-SCT, 2021-IA-01406-SCT
Justia Opinion Summary: The Mississippi Department of Transportation hired Joe McGee Construction Company, Inc., for a road construction and bridge replacement project. The Department designed the temporary traffic control plan for the project,…
Date: August 17, 2023
Citation: 2022-CT-00173-SCT
Petition for writ of certiorari filed pro se by Mondric Bradley is denied. To: Deny: All Justices. Order entered 8/14/23.
Date: August 17, 2023
Citation: 2022-CT-01095-SCT
Petition for Writ of Certiorari of Appellant filed by MS Concrete and Benchmark Insurance Company is denied. All Justices Agree. Order entered 8/8/23.
Date: August 17, 2023
Citation: 2022-IA-00030-SCT
Docket Number: 2022-IA-00030-SCT
Justia Opinion Summary: Plaintiffs Jackie and Debra Aycock sued the University of Mississippi Medical Center for medical negligence, alleging injuries Jackie suffered occurred as a result of the hospital’s negligence. The medical center sought…
Date: August 17, 2023
Citation: 2022-KA-00585-SCT
Docket Number: 2022-KA-00585-SCT
Justia Opinion Summary: Larry Stuart was convicted of felony filming a person without her knowledge when she had an expectation of privacy. He was sentenced to serve five years, day for day, in the custody of the Mississippi Department of…
Date: August 17, 2023
Citation: 2023-DR-00455-SCT
Before the Court are the Motion for Appointment of Counsel for Representation of Indigent Capital Petitioner filed by Marlon Latodd Howell and the Response in Opposition to Motion for Appointment of Counsel filed by the State of Mississippi. This matter is remanded to the Circuit Court of Union County for consideration and for a ruling within thirty days of the entry of this order. Agree: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Not Participating: Randolph, C.J. Order entered 8/8/23.
Date: August 10, 2023
Citation: 2020-CA-00739-SCT
Before the en banc Court is Justin McPhail's "Objection to the Court's Failure to Provide Adequate Constitutional Review of the State's Domestic Relations Regulatory Scheme and its Failure to Abide by the Judicial Oath." The pleading is in the nature of a motion to rehear the Court's decision in McPhail v. McPhail, _ So. 3d _, No. 2020-CA-00739-SCT (Miss. Feb. 23, 2023). After due consideration, the pleading is denied as untimely. Agree: Randolph, C.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Disagree: Kitchens and King, P.JJ., Ishee and Griffis, JJ. Order entered 8/1/23.
Date: August 10, 2023
Citation: 2020-CT-01162-SCT
Docket Number: 2020-CT-01162-SCT
Justia Opinion Summary: Katy Blagodirova and Jose Schrock married in November 2006 and had one child, J.R., in October 2007. In 2013 the couple filed a joint complaint for divorce on the grounds of irreconcilable differences. The divorce…
Date: August 10, 2023
Citation: 2021-CT-00714-SCT
Kenneth Moreland's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 8/2/23.
Date: August 10, 2023
Citation: 2021-CT-01113-SCT
Renee Jeffreys'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 8/3/23.
Date: August 10, 2023
Citation: 2021-KA-00903-SCT
The motion for rehearing filed by the appellant is denied.
Date: August 10, 2023
Citation: 2022-CA-00196-SCT
Docket Number: 2022-CA-00196-SCT
Justia Opinion Summary: Aggrieved by a chancellor’s decision, Pamela Brownlee (Pam) appeals to the Mississippi Supreme Court, averring that the chancellor erred by failing to extend in loco parentis visitation rights to her as a former live-in…
Date: August 10, 2023
Citation: 2022-CT-00532-SCT
Richard A. Simoneaux's Petition for a Writ of Certiorari is dismissed. Order entered 8/1/23.
Date: August 3, 2023
Citation: 2021-CT-00639-SCT
Docket Number: 2021-CT-00639-SCT
Justia Opinion Summary: While responding to an emergency, City of Oxford Police Officer Matthew Brown collided with Patricia Phillips’s vehicle at an intersection. Phillips filed suit to recover for injuries suffered in the collision. After a…
Date: August 3, 2023
Citation: 2021-CT-00865-SCT
Anton Colburn's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., King, P.J., Maxwell, Beam, Ishee and Griffis, JJ. To Grant: Kitchens, P.J., Coleman and Chamberlin, JJ. Order entered 7/31/23.
Date: August 3, 2023
Citation: 2023-AD-00001-SCT
En banc order directing the disbursement of $179,389.36 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services. Order entered 7/26/23.</ul><br><hr>
Date: August 3, 2023
Citation: 89-R-99011-SCT
Order reappointing George Scott Luter, Richard W. Sliman, and John Dickson Mayo to three-year terms (Aug. 1, 2023, through July 31, 2026) as members of the Commission on Mandatory Continuing Legal Education. Order entered 7/26/23.</ul><br><hr>
Date: July 27, 2023
Citation: 2020-CT-01055-SCT
Motion for Costs filed by counsel for Roy Hal Parker, Jr., as conservator of The Estate of William Matthew Ross et al., is denied. Agree: King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Not Participating: Randolph, C.J., and Kitchens, P.J. Order entered 7/5/23.
Date: July 27, 2023
Citation: 2021-CT-00668-SCT
Appellant's Petition for Writ of Certiorari filed by Norma Yarborough is denied. To Deny: All Justices. Order entered 7/12/23.
Date: July 27, 2023
Citation: 2021-CT-01077-SCT
Petition for Writ of Certiorari filed by Southern Bancorp Bank, Joseph J. Ricotta and Chris Hester 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 7/5/23.
Date: July 27, 2023
Citation: 2021-KA-00940-SCT
Docket Number: 2021-KA-00940-SCT
Justia Opinion Summary: Earl Young was indicted for gratification of lust and was sentenced to fifteen years without the possibility of parole as a habitual offender. The trial court held a sentencing hearing; prior to the hearing, a “Pre-Post…
Date: July 27, 2023
Citation: 2022-KA-00175-SCT
Docket Number: 2022-KA-00175-SCT
Justia Opinion Summary: Daryl Redd was indicted on two counts of aggravated assault. A jury found Redd guilty of the first count—aggravated assault, causing bodily injury to April Stevenson by shooting her in the leg with a deadly weapon. The…
Date: July 6, 2023
Citation: 2021-CT-00035-SCT
Curtis Lofton's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 6/29/23.
Date: July 6, 2023
Citation: 2021-CT-00173-SCT
Appellants' Motion to Dismiss/Strike the Petition for Writ of Certiorari is denied. Motion to Suspend the Rules of Appellate Procedure filed by Appellees is granted. Under Rule 2(c) of the Mississippi Rules of Appellate Procedure, the Court suspends M.R.A.P. 17(b) and accepts the filing of the Petition for Writ of Certiorari. After due consideration, the Petition for Writ of Certiorari filed by Appellees is denied. All Justices Agree. Order entered 7/3/23.
Date: July 6, 2023
Citation: 2021-KA-00589-SCT
Docket Number: 2021-KA-00589-SCT
Justia Opinion Summary: Aaron Mitchell shot and killed Marty Moore. Evidence indicated Moore was the initial aggressor, and Mitchell argued that he shot Moore in self-defense. Mitchell moved for the State to produce the autopsy report for…
Date: July 6, 2023
Citation: 2022-CA-00216-SCT
Coleman, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted. Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.
Date: July 6, 2023
Citation: 2022-KA-00291-SCT
King, P.J. Disposition: Per Curiam Affirmance. DeSoto County taxed with costs of appeal. Votes: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Ishee and Griffis, JJ., Concur. Chamberlin, J., not participating.
Date: July 6, 2023
Citation: 2022-KA-00479-SCT
Docket Number: 2022-KA-00479-SCT
Justia Opinion Summary: Amondo Stewart was convicted of “possession of methamphetamine, a schedule II controlled substance.” On appeal, Stewart argued the trial court erred in admitting evidence that was obtained in violation of his Fourth…
Date: July 6, 2023
Citation: 2023-DR-00503-SCT
Before the en banc Court are (1) Anthony Carr&rsquos Notice of Intent to File Successive Post-Conviction Relief Petition and Motion for Appointment of Counsel for Representation of Indigent Capital Petitioner, (2) the State of Mississippi&rsquos Response in Opposition to Motion for Appointment of Counsel and (3) Carr&rsquos Reply to Opposition to Motion for Appointment, which was filed without leave of Court. See M.R.A.P. 27(a). This matter is remanded to the Circuit Court of Quitman County for consideration and for a ruling with thirty days of the entry of this order. The circuit court has to and including July 31, 2023, within which to enter a ruling. Agree: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Randolph, C.J., Not Participating. Order entered 6/30/23.
Date: July 6, 2023
Citation: 2023-M-00262
Antione Griffin, Jr.'s Petition for Writ of Mandamus is denied. All Justices Agree. Order entered 6/27/23.
Date: June 29, 2023
Citation: 2021-CP-00513-SCT
Docket Number: 2021-CP-00513-SCT
Justia Opinion Summary: Richard Biddle and Brian Biddle questioned whether the Chancery Court of Tishomingo County, Mississippi had jurisdiction over their father’s estate. Brian and Richard also appealed the chancery court’s finding that there…
Date: June 29, 2023
Citation: 2021-CT-00321-SCT
Petition for Writ of Certiorari filed by Appellee Thomas Dale Watts is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Randolph, C.J. Order entered 6/26/23.
Date: June 29, 2023
Citation: 2021-CT-00692-SCT
Petition for Writ of Certiorari filed by Petitioner 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 6/21/23.
Date: June 29, 2023
Citation: 2022-IA-00106-SCT
Docket Number: 2022-IA-00106-SCT
Justia Opinion Summary: Penn-Star Insurance Company (Penn-Star) appealed a trial court’s denial of its motion for summary judgment. The Mississippi Supreme Court found after review of the trial court record that because the commercial general…
Date: June 22, 2023
Citation: 2021-CA-00778-SCT
Docket Number: 2021-CA-00778-SCT
Justia Opinion Summary: Through an Asset Purchase Agreement, seller Huntcole, LLC (Huntcole), transferred to buyer 4-Way Electric Services, LLC (4-Way), all property necessary to conduct the refurbishment business. The Asset Purchase Agreement…
Date: June 22, 2023
Citation: 2021-CT-00776-SCT
Petition for Writ of Certiorari filed by Larmont Donzell Burchett is denied. All Justices Agree. Order entered 6/15/23.
Date: June 22, 2023
Citation: 2022-IA-01054-SCT
Docket Number: 2022-IA-01054-SCT
Justia Opinion Summary: In this slip-and-fall case, the trial court denied the defendant business Dolgencorp’s summary judgment motion. The judge found there “may be a question of fact.” After de novo review, the Mississippi Supreme Court found…
Date: June 22, 2023
Citation: 2022-KA-00236-SCT
Docket Number: 2022-KA-00236-SCT
Justia Opinion Summary: Leroy "Lucky" Turner (aka, "Chino") admittedly shot Jeffrey Johnson in the back following a confrontation outside a convenience store. At his trial for aggravated assault, Turner claimed he acted out of fear for himself…
Date: June 22, 2023
Citation: 2022-M-01149
Motion for Relief from Judgment or Application for Leave to File Motion for Post Conviction Collateral Relief with Trial Court filed by counsel for Michael Audy McCool and Audy McCool is granted in part and denied in part. To Grant the Petition in Part: Kitchens and King, P.JJ., Coleman, Chamberlin and Ishee, JJ. To Grant as to Issue II Only: Randolph, C.J. To Deny: Maxwell, Beam and Griffis, JJ. Order entered 6/13/23.
Date: June 15, 2023
Citation: 2021-CT-00246-SCT
Appellees' Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Chamberlin and Ishee, JJ. To Grant: Maxwell, Beam and Griffis, JJ. Order entered 6/7/23.
Date: June 15, 2023
Citation: 2021-CT-00887-SCT
Petition for Writ of Certiorari filed by Ronald Owens is granted. To Grant: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Maxwell, J. Order entered 6/8/23.
Date: June 15, 2023
Citation: 2021-CT-01019-SCT
Petition for Writ of Certiorari filed by Kelvin Green is denied. All Justices Agree. Order entered 6/12/23.
Date: June 15, 2023
Citation: 2021-CT-01145-SCT
Petition for Writ of Certiorari filed by counsel for Parvis King is denied. To Deny: All Justices. Order entered 6/6/23.
Date: June 15, 2023
Citation: 2021-IA-01315-SCT
Docket Number: 2021-IA-01315-SCT
Justia Opinion Summary: Gulf South Pipeline Company, LLC owned an underground natural gas storage facility in Rankin County, Mississippi. It owned additional properties that ran through thirty-two Mississippi counties. As a public service…
Date: June 15, 2023
Citation: 2022-DR-00949-SCT
Motion to Proceed In Forma Pauperis and for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is remanded to the Circuit Court Harrison County for disposition within thirty days. Agree: King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Not Participating: Randolph, C.J., and Kitchens, P.J. Order entered 6/12/23.
Date: June 8, 2023
Citation: 2021-CT-00759-SCT
Dontarious Davis'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 6/2/23.
Date: June 8, 2023
Citation: 2021-CT-00823-SCT
Durant Healthcare, LLC's Petition for a 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 5/31/23.
Date: June 8, 2023
Citation: 2021-KA-01159-SCT
Docket Number: 2021-KA-01159-SCT
Justia Opinion Summary: In 2017, Officer Latayvin Taylor stopped defendant Dekara Clanton for not having his license plate illuminated. During a subsequent search of Clanton’s vehicle, Officer Taylor found a bag of multicolored pills behind the…
Date: June 8, 2023
Citation: 2021-KA-01254-SCT
Docket Number: 2021-KA-01254-SCT
Justia Opinion Summary: William Chisholm killed his former girlfriend, Dr. Shauna Witt, by shooting her to death. Dr. Witt had broken up with Chisholm and recently obtained a restraining order against him. She was examining a patient at her…
Date: June 8, 2023
Citation: 2022-KA-00660-SCT
Docket Number: 2022-KA-00660-SCT
Justia Opinion Summary: Edward Harvey was indicted for aggravated domestic violence and kidnapping. Following a jury trial, Harvey was convicted of aggravated domestic violence and acquitted of kidnapping. He was sentenced to twenty years in…
Date: June 8, 2023
Citation: 2023-EC-00611-SCT
Docket Number: 2023-EC-00611-SCT
Justia Opinion Summary: Petitioner Bob Hickingbottom filed a Qualifying Statement of Intent, declaring his candidacy to be the Democratic Party’s nominee for governor. On February 10, 2023, Jim Newman sent a letter to the Democratic Party…
Date: June 8, 2023
Citation: 89-R-99010-SCT
En Banc order appointing Hon. Eleanor J. (Faye) Peterson, Circuit Judge, as a member of the Complaint Tribunal from the entry of this order through 12/31/23 for the balance of the term of Hon. LaRita Cooper-Stokes, Hinds County Court Judge, deceased. All Justices Agree. Order entered 6/5/23.</ul><br><hr>
Date: June 1, 2023
Citation: 2019-CT-01621-SCT
Petition for Writ of Certiorari filed pro se by Clarence Lee Lowe is dismissed. Order entered 5/24/23.
Date: June 1, 2023
Citation: 2021-CA-00999-SCT
Docket Number: 2021-CA-00999-SCT
Justia Opinion Summary: The Board of Supervisors for Lowndes County appealed the trial court’s grant of summary judgment in favor of the Lowndes County School District. The Board argued that the trial court erred in its interpretation of…
Date: June 1, 2023
Citation: 2021-CA-01214-SCT
Docket Number: 2021-CA-01214-SCT
Justia Opinion Summary: Alberto Garcia confessed to savagely raping a five-year-old girl and leaving her lifeless body, hanged by the neck, in a filthy trailer. He pled guilty to capital murder. And he waived his right to appeal his conviction.…
Date: June 1, 2023
Citation: 2021-CP-01411-SCT
Docket Number: 2021-CP-01411-SCT
Justia Opinion Summary: George Healy IV (George) and George V. Healy IV & Associates, PLLC ("Healy PLLC") sued AT&T Services, Inc. for breach of contract due to AT&T’s reassignment of a 1-800 telephone number. In 2016, Healy PLLC switched its…
Date: June 1, 2023
Citation: 2022-CA-00240-SCT
Docket Number: 2022-CA-00240-SCT
Justia Opinion Summary: Jane Doe appealed the youth court’s denial of her motion to transfer for lack of jurisdiction and motion for recusal. In 2019, Jane was arrested in Natchez, Adams County, Mississippi, and charged with possession and sale…
Date: June 1, 2023
Citation: 2022-IA-00354-SCT
Docket Numbers: 2022-IA-00354-SCT, 2022-IA-00355-SCT
Justia Opinion Summary: The plaintiffs were the wrongful-death beneficiaries of a man killed in an apartment fire and two other people injured in the same fire. The fire occurred at an apartment complex in Pike County, Mississippi. The…
Date: June 1, 2023
Citation: 2022-KA-00457-SCT
Docket Number: 2022-KA-00457-SCT
Justia Opinion Summary: Martezzarien Welch was convicted by jury of statutory rape. Welch was identified by the victim, and his DNA matched semen found on the victim. On appeal, Welch argued he received ineffective assistance of counsel because…
Date: June 1, 2023
Citation: 2023-EC-00582-SCT
Docket Number: 2023-EC-00582-SCT
Justia Opinion Summary: In January 2023, Joel Garner received a letter from the Perry County, Mississippi Election Commission, co-signed by the lone member of the Perry County Republican Executive Committee. The letter notified him that he did…
Date: June 1, 2023
Citation: 2023-EC-00586-SCT
Docket Number: 2023-EC-00586-SCT
Justia Opinion Summary: Ja’nekia Barton sought to disqualify Jennifer Adams-Williams as a candidate for county prosecutor in Bolivar County, Mississippi, for failing to meet the two-year residency requirement set forth by Mississippi Code…
Date: June 1, 2023
Citation: 89-R-99016-SCT
On the nomination by the Mississippi Defense Lawyers Association, Nicholas K. Thompson is appointed as a member of the Supreme Court of Mississippi Advisory Committee on Rules effective June 1, 2023, and for the balance of a three-year term which expires on December 31, 2024. All Justices Agree. Order entered 5/26/23.</ul><br><hr>
Date: June 1, 2023
Citation: 89-R-99021-SCT
Order appointing Theresa Lumley and reappointing Hon. David B. Strong, Huey Bang, and Jerry D. Sharp as members of the Board of Certified Court Reporters for two-year terms from July 1, 2023, through June 30, 2025. All Justices Agree. Order entered 5/26/23.</ul><br><hr>
Date: May 25, 2023
Citation: 2021-CT-00204-SCT
Petition for Writ of Certiorari filed by Appellant Christopher Blount is denied. To Deny: All Justices. Order entered 5/17/23.
Date: May 25, 2023
Citation: 2021-CT-00452-SCT
Clay Moss's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 5/16/23.
Date: May 25, 2023
Citation: 2021-SA-00881-SCT
Docket Number: 2021-SA-00881-SCT
Justia Opinion Summary: The taxpayer, Saltwater Sportsman Outfitters, LLC (SSO), was a one-man operation that sold clothing online and at trade shows, conventions, and other events. SSO kept few records of what it had sold or where, though its…
Date: May 18, 2023
Citation: 2019-CT-01890-SCT
Petition for Writ of Certiorari filed by Garrick Price is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 5/15/23.
Date: May 18, 2023
Citation: 2020-CA-01304-SCT
The motion for rehearing filed by the appellee is denied. Griffis, J., would grant.
Date: May 18, 2023
Citation: 2020-CT-00614-SCT
Docket Number: 2020-CT-00614-SCT
Justia Opinion Summary: Jerry Beale was convicted of two counts of attempted murder and was sentenced to serve thirty-five years in the custody of the Mississippi Department of Corrections. The Court of Appeals found no reversible error. The…
Date: May 18, 2023
Citation: 2020-CT-01162-SCT
Petition for Writ of Certiorari filed by Appellee Jose C. Schrock is granted. To Grant: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: King, P.J. Order entered 5/11/23.
Date: May 18, 2023
Citation: 2020-CT-01371-COA
Petition for Certiorari filed by counsel for Charles Eugene Bowman is denied. To Deny: All Justices. Order entered 5/10/23.
Date: May 18, 2023
Citation: 2021-CT-00137-SCT
Petition for Writ of Certiorari filed by John and Sandra Tennesen is denied. Motion to Strike filed by the City of Hattiesburg, Mississippi, is dismissed. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Not Participating: Randolph, C.J., Order entered 5/9/23.
Date: May 18, 2023
Citation: 2021-IA-00994-SCT
Docket Number: 2021-IA-00994-SCT
Justia Opinion Summary: Amanda Bryant filed suit against State Farm Automobile Insurance Company (State Farm) and its attorneys, Henley, Lotterhos & Henley, PLLC (HLH), claiming negligence, malicious prosecution, abuse of process, and…
Date: May 18, 2023
Citation: 2022-KA-00038-SCT
Docket Number: 2022-KA-00038-SCT
Justia Opinion Summary: Brandon Spiers was arrested on charges of burglary of a dwelling and attempted sexual battery. He was convicted on both charges. Spiers was sentenced to serve twenty-five years under the supervision of the Mississippi…
Date: May 18, 2023
Citation: 2022-KA-00530-SCT
Docket Number: 2022-KA-00530-SCT
Justia Opinion Summary: Justin Anderson was convicted by jury of first degree murder for the killing of Michael McLendon. He was sentenced to life in prison. On appeal, Anderson challenged his conviction and sentence, arguing: (1) the trial…
Date: May 11, 2023
Citation: 2021-CT-00499-SCT
The Petition for Writ of Certiorari filed pro se by Anthony Short is dismissed. Order entered 5/3/23.
Date: May 11, 2023
Citation: 2021-CT-00593-SCT
Petition for Writ of Certiorari filed by counsel for Mario Davis is denied. To Deny: All Justices. Order entered 5/2/23.
Date: May 11, 2023
Citation: 2021-CT-01219-SCT
Petition for Writ of Certiorari filed by Miles Meek is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ. Not Participating: Randolph, C.J., and Beam, J. Order entered 5/2/23.
Date: May 11, 2023
Citation: 2021-KA-00903-SCT
Docket Number: 2021-KA-00903-SCT
Justia Opinion Summary: Elmer Norwood appealed his conviction for aggravated domestic violence, claiming that his trial counsel was constitutionally ineffective for failing to introduce evidence that would have impacted his accuser’s…
Date: May 11, 2023
Citation: 2022-IA-00158-SCT
Chamberlin, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ., Concur.
Date: May 11, 2023
Citation: 2023-EC-00377-SCT
Docket Number: 2023-EC-00377-SCT
Justia Opinion Summary: Amanda Gunasekara sought to run in the Republican primary election for Public Service Commissioner, District 3 (Northern District). Matthew Barton, a candidate for district attorney in Desoto County, challenged her…
Date: May 11, 2023
Citation: 2023-EC-00395-SCT
Docket Number: 2023-EC-00395-SCT
Justia Opinion Summary: Kia Jones filed a letter of intent with the Mississippi Democratic Party to seek that party’s nomination for a seat in the Mississippi House of Representatives for District 64 on February 1, 2023. Shanda Yates filed a…
Date: May 4, 2023
Citation: 2020-CT-01055-SCT
Docket Number: 2020-CT-01055-SCT
Justia Opinion Summary: James Hal Ross created a series of trusts prior to his death to benefit his wife, Suzanne Dickson Ross, and sons from a previous marriage. He left some personal effects to Suzanne in his will but bequeathed the remainder…
Date: May 4, 2023
Citation: 2021-CA-00877-SCT
The motion for rehearing filed by the appellants is denied.
Date: May 4, 2023
Citation: 2021-CT-00280-SCT
De'Andre Dampier'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 4/28/23.
Date: May 4, 2023
Citation: 2021-CT-00930-SCT
Virgil L. Jarvis's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 4/26/23.
Date: May 4, 2023
Citation: 2021-CT-01149-SCT
Adam Brent Wallace's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 4/26/23.
Date: May 4, 2023
Citation: 2021-CT-01338-SCT
Petition for Writ of Certiorari filed by Darryl T. Keys is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Not Participating: Randolph, C.J. Order entered 5/1/23.
Date: May 4, 2023
Citation: 2021-IA-01199-SCT
Docket Number: 2021-IA-01199-SCT
Justia Opinion Summary: Todd and Rae Andreacchio sued Joel Wagner for intentional infliction of emotional distress, gross negligence, invasion of privacy, and civil conspiracy. Wagner published portions of the investigative file of their son’s…
Date: May 4, 2023
Citation: 2022-CA-00119-SCT
Docket Number: 2022-CA-00119-SCT
Justia Opinion Summary: On April 7, 2020, Matthew Wallace was hired by the Centreville Police Department, located in the Town of Centreville, Mississippi. In 2021, Wallace was dispatched with a Town of Centreville certified police officer, to a…
Date: May 4, 2023
Citation: 89-R-99039-SCT
Nunc Pro Tunc En Banc Order effective Jan. 1, 2023, appointing or reappointing E. Gregory Snowden, Director of the Administrative Office of the Courts, as Chair of the State Intervention Courts Advisory Committee and the following as members through December 31, 2023: Judge Michael M. Taylor, Judge Winston L. Kidd, Judge Robert Helfrich, Judge Charles E. Webster, Judge Kathy King Jackson, Melody Madaris, Representative Angela Cockerham, Mark Smith, Judge Randi P. Mueller, and Nathan Blevins. Order entered 4/25/23.</ul><br><hr>
Date: April 27, 2023
Citation: 2021-CA-01100-SCT
Docket Number: 2021-CA-01100-SCT
Justia Opinion Summary: A group of residents (“the Neighbors”) appealed three separate zoning decisions of the City of Ocean Springs Board of Alderman to the Jackson County Circuit Court. The circuit court, sitting as an appellate court…
Date: April 27, 2023
Citation: 2021-CT-00265-SCT
Docket Number: 2021-CT-00265-SCT
Justia Opinion Summary: Charlene Thomas sustained several injuries as a result of a fall she suffered while descending stairs leading to the pool deck of the IP Casino Resort Spa (the IP). In an amended complaint, Thomas asserted a negligence…
Date: April 27, 2023
Citation: 2021-CT-00347-SCT
Petition for Writ of Certiorari filed by La Casa I, LLC is denied. All Justices Agree to Deny. Order entered 4/19/23.
Date: April 20, 2023
Citation: 2020-IA-01116-SCT
Beam, J. Disposition: Dismissed without Prejudice and Remanded. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur.
Date: April 20, 2023
Citation: 2021-CA-00792-SCT
Docket Number: 2021-CA-00792-SCT
Justia Opinion Summary: The junior creditor, WBL SPO, LLC (WBL), claimed it was entitled to sue the foreclosing creditor, West Town Bank & Trust (West Town), for not bidding a high enough price for an encumbered property. In 2015, West Town…
Date: April 20, 2023
Citation: 2021-CT-00694-SCT
Petition for Writ of Certiorari filed by Howard Industries, Inc., is granted. To Grant: Maxwell, Beam, Chamberlin and Griffis, JJ. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman and Ishee, JJ. Order entered 4/14/23.
Date: April 20, 2023
Citation: 2021-CT-00767-SCT
Loblolly Properties LLC'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 4/12/23.
Date: April 20, 2023
Citation: 2021-IA-01283-SCT
Docket Number: 2021-IA-01283-SCT
Justia Opinion Summary: At issue in this interlocutory appeal before the Mississippi Supreme Court was whether the statute of limitations has run on Sabrina Fairman’s malpractice claims against Franklin County Memorial Hospital. Fairman alleged…
Date: April 20, 2023
Citation: 2021-KA-01334-SCT
Docket Number: 2021-KA-01334-SCT
Justia Opinion Summary: Troy Eaton was convicted by jury of second-degree murder for the shooting and death of Josh Smith and of aggravated assault for the shooting of Ricky Dale Vick. On appeal, Eaton challenged the admission of a glass pipe…
Date: April 20, 2023
Citation: 2023-AD-00001-SCT
En banc order directing the disbursement of $189,074.60 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services. Order entered 4/18/23.</ul><br><hr>
Date: April 13, 2023
Citation: 2020-CT-01409-SCT
Petition for Writ of Certiorari filed by Appellants One Hundred Fifty-Three Thousand Three Hundred Forty Dollars ($153,340.00) and Claimant Gene Parnell Taylor 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 4/6/23.
Date: April 13, 2023
Citation: 2021-CT-00316-SCT
Delando Wilson's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. King, P.J., Not Participating. Order entered 4/10/23.
Date: April 13, 2023
Citation: 2021-CT-00368-SCT
Docket Number: 2021-CT-00368-SCT
Justia Opinion Summary: Wilburn Lord, Jr. agreed to sell SEL Business Services, LLP and Skip Lloyd (collectively, SEL) a building in Rolling Fork, Mississippi, for $60,000. SEL moved into the building and alleged to have begun making…
Date: April 13, 2023
Citation: 2021-CT-00571-SCT
Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Maxwell, J. Order entered 4/4/23.
Date: April 13, 2023
Citation: 2021-IA-00702-SCT
Docket Number: 2021-IA-00702-SCT
Justia Opinion Summary: In 2017, Charles Green was stabbed and killed. His body was found in a parking lot in front of an abandoned building. Deepak Jasco, LLC, owned and operated a convenience store in the adjacent lot. Luretha Green Palmer,…
Date: April 13, 2023
Citation: 2022-IA-00132-SCT
Docket Number: 2022-IA-00132-SCT
Justia Opinion Summary: Robert and Gloria Brewer (the Brewers) alleged Luxe Homes, LLC failed to comply with the terms of their construction contract, and they filed suit at the Hinds County Chancery Court for specific performance, damages,…
Date: April 13, 2023
Citation: 2022-KA-00007-SCT
Docket Number: 2022-KA-00007-SCT
Justia Opinion Summary: Samuel Anderson was convicted by jury of the murder of his grandmother, Evelyn Davenport. On appeal, Anderson argued the trial court erred by refusing an accident-or-misfortune jury instruction and by admitting evidence…
Date: April 6, 2023
Citation: 2021-CT-00478-SCT
Petition for Writ of Certiorari filed by Britt Virden is granted. To Grant: Kitchens, P.J., Coleman, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, C.J., Maxwell and Griffis, JJ. Not Participating: King, P.J. Order entered 3/31/23.
Date: April 6, 2023
Citation: 2021-IA-01099-SCT
Docket Numbers: 2021-IA-01099-SCT, 2022-CA-00087-SCT
Justia Opinion Summary: Helen McNeal, who had been appointed administratrix of Delores Mason’s estate, brought a wrongful death claim against a physician, Dr. Eniola Otuseso. Upon learning that McNeal did not satisfy the qualifications to serve…
Date: April 6, 2023
Citation: 2021-IA-01235-SCT
Docket Number: 2021-IA-01235-SCT
Justia Opinion Summary: In 2019, after Roosevelt Jones paid his annual rent more than thirty days late, the North Bolivar Consolidated School District, pursuant to a late penalty provision contained in the lease between the parties, assessed…
Date: April 6, 2023
Citation: 2021-IA-01420-SCT
Docket Number: 2021-IA-01420-SCT
Justia Opinion Summary: Following a vehicular accident, Martin Peteet entered into a release and settlement agreement with the driver of the other vehicle and her insurer. Peteet did not seek a waiver of subrogation or consent from his own…
Date: April 6, 2023
Citation: 2021-KA-00317-SCT
Docket Number: 2021-KA-00317-SCT
Justia Opinion Summary: David Sills was convicted of possession of methamphetamine greater than two grams but less than ten grams in violation of Mississippi Code Section 41-29-139 (Rev. 2018). Sills appealed, arguing: (1) the jury’s verdict…
Date: April 6, 2023
Citation: 2022-CA-00050-SCT
Docket Number: 2022-CA-00050-SCT
Justia Opinion Summary: Betty Smith brought a negligence and wrongful death lawsuit against Belhaven Senior Care, LLC (Belhaven), a nursing home facility in which her mother Mary Hayes had resided shortly before Hayes’s death. Belhaven sought…
Date: April 6, 2023
Citation: 2022-CA-00216-SCT
Docket Number: 2022-CA-00216-SCT
Justia Opinion Summary: Former City of Clarksdale Commissioner Charles Moton alleged that his December 2013 and May 2015 arrests at Clarksdale city commissioners meetings were in violation of "a litany" of his state constitutional rights. The…
Date: March 30, 2023
Citation: 2020-CA-00868-SCT
The motion for rehearing filed by the appellant is denied. Kitchens and King, P.JJ., would grant.
Date: March 30, 2023
Citation: 2022-BD-01093-SCT
Megan Mariah Patrick is disbarred from the practice of law in the State of Mississippi. Patrick is taxed with costs. Griffis, J., for the Court. All Justices Agree. Order entered.</ul><br><hr>
Date: March 30, 2023
Citation: 2022-KA-00339-SCT
Docket Number: 2022-KA-00339-SCT
Justia Opinion Summary: Wade Willard, Sr. was convicted by jury for possession of methamphetamine, for which he was sentenced to twelve years as a habitual offender. On direct appeal to the Mississippi Supreme Court, Willard argued the trial…
Date: March 23, 2023
Citation: 2021-CA-00935-SCT
The motion for rehearing filed by the appellees is denied.
Date: March 23, 2023
Citation: 2021-CT-00608-SCT
Stanley L. Wilson'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 3/20/23.
Date: March 16, 2023
Citation: 2020-CA-01304-SCT
Docket Number: 2020-CA-01304-SCT
Justia Opinion Summary: John and Sandra Davis, then-married, had two children in the 1980s. In 2018, John discovered the possibility that the children were not biologically his, but that they may have been the biological result of Sandra’s…
Date: March 16, 2023
Citation: 2020-CT-01313-SCT
Petition for Writ of Certiorari filed by Tammie Gardner is denied. All Justices Agree. Order entered 3/9/23.
Date: March 16, 2023
Citation: 2021-AN-01422-SCT
Docket Number: 2021-AN-01422-SCT
Justia Opinion Summary: Pursuant to Mississippi Code Sections 61-9-1 to -9 (Rev. 2022) the City of Jackson passed an ordinance on August 6, 2019, to incorporate land in Rankin County that surrounded what was known as the Jackson-Medgar Wiley…
Date: March 16, 2023
Citation: 2021-CA-01210-SCT
Docket Number: 2021-CA-01210-SCT
Justia Opinion Summary: This case concerned the removal of two commissioners of the Canton Municipal Utilities Commission (CMU Commission) by the City of Canton Board of Aldermen (the Board). The Mayor of Canton vetoed a resolution of the Board…
Date: March 16, 2023
Citation: 2021-CT-01076-SCT
Petition for Writ of Certiorari filed pro se by Cynthia McGilberry is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ. Not Participating: Randolph, C.J., and Beam, J. Order entered 3/8/23.
Date: March 16, 2023
Citation: 2022-CA-00020-SCT
Docket Number: 2022-CA-00020-SCT
Justia Opinion Summary: Andy White, an independent contractor, worked for Ergon Trucking, Inc. (Ergon), loading and hauling chemicals. Another Ergon, Inc., subsidiary, Lampton-Love, Inc., contracted with Targa Downstream, LLC to store…
Date: March 16, 2023
Citation: 2022-CA-00065-SCT
Docket Number: 2022-CA-00065-SCT
Justia Opinion Summary: The Mississippi Baptist Foundation and various heirs of the decedent’s wife both claimed ownership over certain mineral interests devised in the decedent’s will at the time of the decedent’s death in 1969. The will left…
Date: March 16, 2023
Citation: 2022-IA-00034-SCT
Docket Number: 2022-IA-00034-SCT
Justia Opinion Summary: In an interlocutory appeal, the University of Mississippi Medical Center (UMMC) appeals the denial of its motion for summary judgment. Vincent Kelly was injured in a forklift accident at his workplace on August 14, 2019.…
Date: March 9, 2023
Citation: 2020-CT-00847-SCT
The Petition for Writ of Certiorari filed by Nancy Shannon was granted by order of this Court on August 29, 2022. Upon further consideration, the Court finds that there is no need for further review of this matter and that the writ of certiorari is hereby dismissed on the Court's own motion. Beam, J., for the Court. Agree: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Disagree: Kitchens and King, P.JJ., and Griffis, J. Order entered 3/7/23.
Date: March 9, 2023
Citation: 2020-CT-01014-SCT
Retha Simmons's Petition for Writ of Certiorari is denied. To Deny: Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Not Participating: Randolph, C.J. Corrected Order entered 3/3/23.
Date: March 9, 2023
Citation: 2020-CT-01280-SCT
Petition for Writ of Certiorari filed by Petitioners 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 3/6/23.
Date: March 9, 2023
Citation: 2021-CA-00877-SCT
Docket Number: 2021-CA-00877-SCT
Justia Opinion Summary: Almost two decades prior to this decision, the Mississippi Supreme Court handed down Farmland Mutual Insurance Co. v. Scruggs, 886 So. 2d 714 (Miss. 2004). In that opinion, the Court held that Farmland Mutual Insurance…
Date: March 9, 2023
Citation: 2021-CA-01217-SCT
Docket Number: 2021-CA-01217-SCT
Justia Opinion Summary: Attorney Ali Muhammad Shamsiddeen appealed a trial court’s Order of Contempt and Order Denying Motion for Recusal. Michael Sorrell was convicted of one count of first degree murder and one count of felon in possession of…
Date: March 9, 2023
Citation: 2021-CT-00066-SCT
Alize Joemise Boyd's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 3/1/23.
Date: March 9, 2023
Citation: 2021-CT-00258-SCT
Petition for Writ of Certiorari filed by counsel for the petitioners is denied. To Deny: All Justices. Order entered 3/3/23.
Date: March 9, 2023
Citation: 2022-CA-00855-SCT
Docket Number: 2022-CA-00855-SCT
Justia Opinion Summary: Jackson, Mississippi Mayor Chokwe Antar Lumumba attempted to veto the Jackson City Council’s refusal to approve the Mayor’s preferred garbage collection contract. The issue this case presented for the Mississippi Supreme…
Date: March 2, 2023
Citation: 2018-M-01543
Application for Leave to File Successive Motion for Post-Conviction Relief filed by Willie Earl Curry is granted. All Justices Agree. Order entered 2/24/23.
Date: March 2, 2023
Citation: 2020-CT-01364-SCT
"Appellees Panola County Board of Supervisors and Panola County, Mississippi's Petition for 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 2/27/23.
Date: March 2, 2023
Citation: 2021-CA-01134-SCT
Docket Number: 2021-CA-01134-SCT
Justia Opinion Summary: The City of Biloxi and Harrison County, Mississippi adopted a joint resolution that authorized the lease of a piece of property to RW Development, LLC, for the development of a joint public/private pier seaward of…
Date: March 2, 2023
Citation: 2021-CT-00072-SCT
Lexington Manor Senior Care, LLC's Petition for Writ of Certiorari is denied. Tovas Wilson's Motion to Strike Exhibits is granted. To Deny petition: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant petition: Randolph, C.J., and Griffis, J. Order entered 2/26/23.
Date: March 2, 2023
Citation: 2021-CT-00261-SCT
Petition for Writ of Certiorari filed by Frederick Edwards, Jr., is denied. All Justices Agree. Order entered 2/24/23.
Date: March 2, 2023
Citation: 2021-CT-00639-SCT
Petition for Writ of Certiorari filed by Appellee City of Oxford, Mississippi, is granted. To Grant: Randolph, C.J., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. Not Participating: Maxwell, J. Order entered 2/27/23.
Date: March 2, 2023
Citation: 2021-CT-01088-SCT
Victor D. Jones's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 2/23/23.
Date: February 23, 2023
Citation: 2020-CA-00739-SCT
Beam, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Coleman, Maxwell and Chamberlin, JJ., Concur. Griffis, J., Dissents With Separate Written Opinion Joined by Kitchens and King, P.JJ., and Ishee, J. Dissenting Opinion: Griffis, J. Votes: Kitchens and King, P.JJ., and Ishee, J., Join This Opinion.
Date: February 23, 2023
Citation: 2020-CT-00711-SCT
Docket Number: 2020-CT-00711-SCT
Justia Opinion Summary: Lorenzo Manuel was convicted by jury of second-degree murder and aggravated assault. At sentencing, the trial judge found that Manuel was a habitual offender and sentenced him to forty years for second-degree murder and…
Date: February 23, 2023
Citation: 2020-CT-01363-SCT
Joshua Allen Murry'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 2/17/23.
Date: February 23, 2023
Citation: 2021-CA-00458-SCT
The motion for rehearing filed by the appellant is denied. Kitchens and King, P.JJ., Coleman and Griffis, JJ., not participating.
Date: February 23, 2023
Citation: 2021-CT-00009-SCT
Petition for Writ of Certiorari filed by Appellee Joanna Wigley, as the natural mother and adult next friend of J.L.H, a minor, is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Randolph, C.J. Order entered 2/16/23.
Date: February 23, 2023
Citation: 2021-CT-00075-SCT
Petition for Writ of Certiorari filed by Walter Simpson is denied. All Justices Agree. Order entered 2/17/23.
Date: February 16, 2023
Citation: 2018-M-01124
Randall Cooper Jr.'s Motion for Post Conviction Collateral Relief is denied. To Deny without Sanctions Warning: Kitchens and King, P.JJ., Coleman, Chamberlin and Griffis, JJ. To Deny with Sanctions Warning: Randolph, C.J., Maxwell, Beam and Ishee, JJ. Order entered 2/13/23.
Date: February 16, 2023
Citation: 2020-DR-01224-SCT
Docket Number: 2020-DR-01224-SCT
Justia Opinion Summary: Alberto Garcia confessed to raping and murdering five-year-old JT. He pled guilty to capital murder and waived jury sentencing. After a hearing, the trial judge sentenced Garcia to death. He appealed his sentence, and…
Date: February 16, 2023
Citation: 2021-CA-00028-SCT
Date: February 16, 2023
Citation: 2022-JP-00504-SCT
Docket Number: 2022-JP-00504-SCT
Justia Opinion Summary: Judge Carlos Moore was a municipal court judge for the Mississippi cities of Grenada and Clarksdale. He also practiced law with The Cochran Firm. The Mississippi Commission on Judicial Performance filed a formal…
Date: February 16, 2023
Citation: 2022-M-00879-SCT
Yates Services, LLC's Petition for Interlocutory Appeal 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 2/13/23.
Date: February 9, 2023
Citation: 2020-IA-01358-SCT
The interlocutory appeal filed by Crossgates Methodist Children's Center, et al., is dismissed. The interlocutory appeal filed by the Mississippi Annual Conference of the United Methodist Church, Inc., is dismissed and the stay of the trial-court proceedings is vacated. All costs associated with the dismissed interlocutory appeals shall be assessed to the appellants. Maxwell, J., for the Court. Agree: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. Disagree: Coleman and Griffis, JJ. Order entered 2/2/23.
Date: February 9, 2023
Citation: 2020-M-00979
Date: February 9, 2023
Citation: 2021-CA-01325-SCT
Docket Number: 2021-CA-01325-SCT
Justia Opinion Summary: Heritage Hunter Knoll, LLC (Heritage), appeals the circuit court’s dismissal of its appeal for a lack of jurisdiction. The Lamar County Board of Supervisors (Board) amended the Unauthorized Dumping and Litter Ordinance…
Date: February 9, 2023
Citation: 2021-CT-00333-SCT
William White's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 1/31/23.
Date: February 9, 2023
Citation: 2021-CT-00653-SCT
Petition for Certiorari filed by Nicholas Beasley is denied. All Justices Agree. Order entered 1/31/23.
Date: February 9, 2023
Citation: 2021-CT-00802-SCT
Petition for Writ of Certiorari filed by Kedric Norwood is denied. All Justices Agree. Order entered 2/1/23.
Date: February 9, 2023
Citation: 2021-CT-01150-SCT
Brinda Patterson's "Notice of Appeal" and Petition for a Writ of Certiorari are dismissed. Order entered 1/31/23.
Date: February 9, 2023
Citation: 2021-KA-00973-SCT
The motion for rehearing filed by the appellant is denied. Kitchens, P.J., Coleman and Ishee, JJ., would grant.
Date: February 9, 2023
Citation: 2022-M-01032
Debbie Travis Robertson's Petition for Disqualification of Judge is denied. To Deny the Petition: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Kitchens, P.J., Objects to the Order with Separate Written Statement Joined by King, P.J. Order entered 2/8/23.
Date: February 9, 2023
Citation: 2022-M-01041
William C. Spencer, Sr.'s Petition for Disqualification of Judge from Order Denying Motion for Recusal is denied. Catherine H. McMahan's Petition for Disqualification of Chancellor and for Stay is denied. Michael D. Greer's Petition for Disqualification of Chancellor and for Stay is denied. To Deny the Petitions: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Kitchens, P.J., Objects to the Order with Separate Written Statement Joined by King, P.J. Order entered 2/8/23.
Date: February 2, 2023
Citation: 2015-M-01061
Date: February 2, 2023
Citation: 2021-CA-00882-SCT
Docket Numbers: 2021-CA-00882-SCT, 2021-IA-01006-SCT
Justia Opinion Summary: Niyokia Lee and James Cooper sustained damages in separate, independent automobile accidents caused by negligent city emergency responders. Lee’s accident happened in Harrison County, and Cooper’s happened in Rankin…
Date: February 2, 2023
Citation: 2021-CA-00980-SCT
Docket Number: 2021-CA-00980-SCT
Justia Opinion Summary: TransMontaigne Operating Company, LP, sought to enjoin Loresco I, LLC, from using an easement conveyed by Loresco’s predecessor, Amerada Hess Corporation (Hess), for any other purpose or at any other time than Hess had…
Date: February 2, 2023
Citation: 2021-CT-00622-SCT
Petition for Writ of Certiorari filed by Jonicqua Moffett is denied. All Justices Agree. Order entered 1/24/23.
Date: February 2, 2023
Citation: 89-R-99016-SCT
On the nomination by the Mississippi Conference of County Court Judges, County Judge Carol Jones Russell of Forrest County is appointed as a member of the Supreme Court of Mississippi Advisory Committee on Rules effective upon the entry of this order and for the balance of a three-year term which expires on December 31, 2024. Order entered 1/26/23.</ul><br><hr>
Date: January 26, 2023
Citation: 2020-CA-00868-SCT
Docket Number: 2020-CA-00868-SCT
Justia Opinion Summary: Marlon Howell was indicted by grand jury for the sale of a controlled substance in 1998. The indictment charged Howell with one count of the sale of 6.8 grams of marijuana, a Schedule 1 controlled substance. At the time…
Date: January 26, 2023
Citation: 2020-CT-00806-SCT
The Petition for Writ of Certiorari filed by Eugene Butler was granted by order of this Court on September 29, 2022. Upon further consideration, the Court finds that there is no need for further review of this matter and that the writ of certiorari is hereby dismissed on the Court's own motion. Ishee, J., for the Court. All Justices Agree. Order entered 1/18/23.
Date: January 26, 2023
Citation: 2020-M-01417
Date: January 26, 2023
Citation: 2021-CT-00048-SCT
Petition for Writ of Certiorari filed by Tyree Camphor is denied. To Deny: All Justices. Order entered 1/18/23.
Date: January 26, 2023
Citation: 2021-KA-00828-SCT
The motion for rehearing filed by the appellant is denied.
Date: January 26, 2023
Citation: 2023-AD-00001-SCT
En banc order directing the disbursement of $148,438.33 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services. Order entered 1/18/23.</ul><br><hr>
Date: January 26, 2023
Citation: 89-R-99001-SCT
On motion of the Supreme Court of Mississippi's Advisory Committee on Rules, Rule 37 of the Mississippi Rules of Civil Procedure is amended as set forth in the attached Exhibit A effective 30 days after the entry of this order. All Justices Agree. Order entered 1/20/23.</ul><br><hr>
Date: January 19, 2023
Citation: 2020-CT-01055-SCT
Petition for Writ of Certiorari filed by Appellee Pinnacle Trust Company is granted. Petition for Writ of Certiorari filed by Suzanne Dickson Ross is granted. Petition for Writ of Certiorari filed by Fred M. Harrell, Jr., is granted. Appellee Thomas W. Dallas's Petition for Writ of Certiorari is granted. Petition for Writ of Certiorari of H and S I, LLC, is granted. To Grant: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Not Participating: Kitchens, P.J. Order entered 1/13/23.
Date: January 19, 2023
Citation: 2020-CT-01208-SCT
Petition for Writ of Certiorari filed pro se by Detrius Roberson is denied. To Deny: All Justices. Order entered 1/13/23.
Date: January 19, 2023
Citation: 2021-CA-00735-SCT
Joint Motion for Rehearing filed by Appellees City of Waveland and Beach Walk Development, LLC, is denied. Coleman, Maxwell, Beam and Chamberlin, JJ., would grant.
Date: January 19, 2023
Citation: 2021-CA-00935-SCT
Docket Number: 2021-CA-00935-SCT
Justia Opinion Summary: Mississippi Hub, LLC ("MS HUB") operated an underground natural gas storage facility mostly located in Simpson County. In 2007, MS HUB and Simpson County entered into a fee-in-lieu agreement regarding ad valorem taxes on…
Date: January 19, 2023
Citation: 2021-CT-00080-SCT
James Christopher Skinner's Petition for 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 1/12/23.
Date: January 19, 2023
Citation: 2021-CT-00368-SCT
Appellants' Petition for Writ of Certiorari is granted. To Grant: Kitchens, P.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J., King, P.J., and Coleman, J. Order entered 1/12/23.
Date: January 19, 2023
Citation: 2021-CT-00544-SCT
Petition for Writ of Certiorari filed by Valerie Terpening is denied. All Justices Agree. Order entered 1/11/23.
Date: January 19, 2023
Citation: 2021-CT-00736-SCT
Jimmy Lewis Jr.'s Petition for Writ of Certiorari is denied. All Justice Agree. Order entered 1/12/23.
Date: January 19, 2023
Citation: 2021-IA-01253-SCT
Docket Number: 2021-IA-01253-SCT
Justia Opinion Summary: This case presented an issue of first impression for the Mississippi Supreme Court: whether an attorney’s representation of a general partnership created an implied attorney-client relationship between the attorney and…
Date: January 12, 2023
Citation: 2005-CT-00379-SCT
Amended Petition for Writ of Certiorari filed by Appellant Leon Lamar Trotter is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 1/4/23.
Date: January 12, 2023
Citation: 2019-IA-00985-SCT
The motion for rehearing filed by the appellants is denied. Kitchens and King, P.JJ., and Griffis, J., would grant.
Date: January 12, 2023
Citation: 2020-CT-00094-SCT
Amended Petition for Writ of Certiorari filed by Appellant Leon Lamar Trotter is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 1/4/23.
Date: January 12, 2023
Citation: 2020-CT-00770-SCT
Petition for Writ of Certiorari filed pro se by Thomas Earl Ellis is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. Not Participating: Ishee, J. Order entered 12/21/22.
Date: January 12, 2023
Citation: 2021-CT-00426-SCT
Petitioner's Petition for Writ of Certiorari is denied. To Deny: Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Coleman and Griffis, JJ. Not Participating: Randolph, C.J. Order entered 12/19/22.
Date: January 12, 2023
Citation: 2021-CT-00985-SCT
Reno Fenelli Siggers's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 12/19/22.
Date: January 12, 2023
Citation: 2021-EC-00486-SCT
The motion for rehearing filed by the appellee is denied.
Date: January 12, 2023
Citation: 2021-IA-00315-SCT
The motion for rehearing filed by the appellants is denied. Beam, J., not participating.
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