08/22/2023 - Hand Down and published opinions in WordPerfect/ZIP format

Emfinger, John H., J.
X  2021-CA-01288-COA

In the Matter of the Guardianship of B.P.: Michael P. v. Patrick Thomas and Jennifer Thomas; Choctaw Chancery Court; LC Case #: 10CH1:18-cv-00033-KK; Ruling Date: 10/18/2021; Ruling Judge: Kiley Kirk; Majority Opinion: Emfinger, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, Lawrence, McCarty and Smith, JJ., Concur. Westbrooks, J., Concurs in Result Only Without Separate Written Opinion. McDonald, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Martin Ndicu v. Susan Gacheri; Oktibbeha Chancery Court; LC Case #: 53CH1:16-cv-00479-JNS; Ruling Date: 10/20/2021; Ruling Judge: Joseph Studdard; Majority Opinion: Emfinger, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence, McCarty and Smith, JJ., Concur.

James Kelly a/k/a James Walter Kelly a/k/a James Walter Kelly, Jr. v. State of Mississippi; Neshoba Circuit Court; LC Case #: 20-cr-0064-NS-MD; Ruling Date: 12/13/2021; Ruling Judge: Mark Duncan; Majority Opinion: Smith, J. Disposition: Affirmed. Neshoba County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, Lawrence, McCarty and Emfinger, JJ., Concur. Westbrooks, J., Concurs in Result Only Without Separate Written Opinion. McDonald, J., Dissents Without Separate Written Opinion.

David W. Alford v. Cotton Row Hospitality, LLC; Bolivar Chancery Court 2nd District; LC Case #: 2019-CV-00061; Ruling Date: 01/03/2022; Ruling Judge: Catherine Farris-Carter; Majority Opinion: McDonald, J. Disposition: On Direct Appeal: Affirmed in Part; Reversed, Vacated, and Rendered in Part. On Cross-Appeal: Affirmed in Part; Reversed, Vacated, and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, Westbrooks, Lawrence, McCarty, Smith and Emfinger, JJ., Concur.

Walter Smith v. State of Mississippi; Humphreys Circuit Court; LC Case #: 6790; Ruling Date: 03/14/2019; Ruling Judge: Jannie Lewis-Blackmon; Majority Opinion: McCarty, J. Disposition: Affirmed. Humphreys County taxed with costs of appeal. Votes: Barnes, C.J., Carlton, P.J., Greenlee, Westbrooks, McDonald, Lawrence and Smith, JJ., Concur. Emfinger, J., Dissents With Separate Written Opinion, Joined by Wilson, P.J. Dissenting Opinion: Emfinger, J. Votes: Wilson, P.J., Joins This Opinion.

Raymond Friley a/k/a Raymond Friley, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 19,0234CRT; Ruling Date: 06/18/2021; Ruling Judge: Toni Terrett; Disposition: The mandate is hereby recalled, and the appellant's pro se motion for time is granted. The appellant's motion for rehearing is due no later than thirty days from the entry of this order. Emfinger, J., not participating. Order entered 08/17/2023.

Amanda Kay Renfroe, Individually; S.W.R., a Minor, By and Through His Mother and Next Friend Amanda Kay Renfroe; The Estate of Michael Wayne Renfroe; and Amanda Kay Renfroe, In Her Capacity as Adminstratrix of The Estate of Michael Wayne Renfroe v. Robert Denver Parker, In His Official and Individual Capacities; and Sheriff Randall Tucker, In His Official and Individual Capacities; Madison Circuit Court; LC Case #: 45CI1:19-cv-00222-JM; Ruling Date: 08/18/2021; Ruling Judge: M. Mills; Disposition: The motion for rehearing is denied. Westbrooks and McDonald, JJ., would grant. Emfinger, J., not participating.

Marcus McFarland v. State of Mississippi, By and Through Lynn Fitch, Mississippi Attorney General; Nathan Cain, Commissioner of Mississippi Department of Corrections; Derek Mingo, Warden of Marion County Correctional Facility; and Steven Pickett, Mississippi Parole Board Chairman; Clarke Circuit Court; LC Case #: 12CI1:21-cv-00110-cw; Ruling Date: 11/02/2021; Ruling Judge: Charles Wright, Jr.; Disposition: The motion for rehearing is denied.

Pervis L. Everett a/k/a Pervis Everett v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2021-100-B; Ruling Date: 11/30/2021; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Westbrooks, J., would grant. Smith, J., not participating.

Bryan C. Fagan, M.D. v. Judy Faulkner; Lee Circuit Court; LC Case #: CV21-088; Ruling Date: 01/14/2022; Ruling Judge: John White; Disposition: The motion for rehearing is denied. Carlton, P.J., Westbrooks, McDonald and McCarty, JJ., would grant.