01/11/2024 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis, J.
X  2022-KA-01250-SCT

George V. Hawkins a/k/a George Verlon Hawkins a/k/a George Verlon Hawkins, Jr. v. State of Mississippi; Tishomingo Circuit Court; LC Case #: 16-cr-00068; Ruling Date: 04/22/2022; Ruling Judge: Michael Mills, Jr.; Majority Opinion: Coleman, J. Disposition: Affirmed. Tishomingo County taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Pastor Calvin Melton v. Union Hill Missionary Baptist Church; Madison Chancery Court; LC Case #: 45CH1:21-cv-00699; Ruling Date: 06/23/2022; Ruling Judge: James Walker; Majority Opinion: Kitchens, P.J. Disposition: Reversed and Vacated. Appellant taxed with costs of appeal. Votes: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: The Rules of Civil Procedure; Disposition: The Motion of the Advisory Committee on Rules to Amend M.R.C.P. 54 is granted. Rule 54 of the Mississippi Rules of Civil Procedure is amended as set forth in attached Exhibit A, and the amendments are effective on January 18, 2024. All Justices Agree. Order entered 12/19/23.

In Re: Rules of Discipline for the Mississippi Bar; Disposition: Order appointing or reappointing Hon. Eleanor Faye Peterson, Clarence Webster III, Jackye C. Bertucci, Hon. Mark A. Maples, Hon. Celeste E. Wilson, and Charles Elliott Winfield as complaint tribunal members for three-year terms from January 1, 2024, through December 31, 2026. Order entered 12/13/23.

Thomas Glynn Flynt a/k/a Thomas Flynt a/k/a Thomas G. Flynt v. State of Mississippi; Forrest Circuit Court; LC Case #: 09-424 CR; Ruling Judge: Robert Helfrich; Disposition: Motion for Post-Conviction Relief filed pro se by Thomas Glynn Flynt is denied. Finding that the instant filing is frivolous, Flynt is hereby 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. Order, Dunn v. State, No. 2016-M-01514 (Miss. Nov. 15, 2018). 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 1/8/24.

Willie E. Williams, Jr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 390-02; Ruling Judge: Robert Bailey; Disposition: Application for Leave to Proceed in the Trial Court filed by Willie E. Williams, Jr. is denied. Finding that the instant filing is frivolous, Williams is hereby 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. Order, Dunn v. State, No. 2016-M-01514 (Miss. Nov. 15, 2018). 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 12/20/23.

Derome M. Cavitt a/k/a Derome Cavitt v. State of Mississippi; Rankin Circuit Court; LC Case #: 25173; Ruling Judge: William Chapman, III; Disposition: Application for Leave to Proceed in the Trial Court filed by Derome M. Cavitt, pro se, is denied. Finding that the application is frivolous, Cavitt is hereby 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, e.g., En Banc Order, Dunn v. State, No. 2016-M-01514 (Miss. Apr. 11, 2019) (restricting in forma pauperis status); En Banc Order, Dunn v. State, No. 2016-M-01514 (Miss. Nov. 15, 2018) (warning of sanctions, including in forma pauperis restrictions). To Deny with Sanction 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 1/8/24.

Timothy Robert Ronk a/k/a Timothy Ronk a/k/a Timothy R. Ronk v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-434; Ruling Date: 10/08/2010; Ruling Judge: Lisa Dodson; Disposition: Motion for Relief from Judgment or for Leave to File Successive Petition for Post-Conviction Relief is denied. See opinion of this Court handed down this date.

Timothy Robert Ronk a/k/a Timothy Ronk a/k/a Timothy R. Ronk v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-434; Ruling Date: 10/08/2010; Ruling Judge: Lisa Dodson; Majority Opinion: Griffis, J. Disposition: Post-Conviction Relief Denied. Harrison County taxed with costs. Votes: Randolph, C.J., Coleman, Maxwell, Beam and Chamberlin, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, P.J., and Ishee, J. Dissenting Opinion: Kitchens, P.J. Votes: King, P.J., and Ishee, J., Join This Opinion.

Howard Industries, Inc. v. Selina Hayes; Mississippi Workers' Compensation Commission; LC Case #: 15 03857-P-0960-D; Ruling Date: 05/19/2021; Consolidated with 2021-CT-00695-SCT Howard Industries, Inc. v. Selina Hayes; Mississippi Workers' Compensation Commission; LC Case #: 07 07775-M-6861-D; Ruling Date: 05/19/2021; ; Disposition: Motion for Award of Attorney's Fees for Additional Services filed by counsel for the appellee is granted. All Justices Agree. Order entered.

Howard Industries, Inc. v. Selina Hayes; Mississippi Workers' Compensation Commission; LC Case #: 15 03857-P-0960-D; Ruling Date: 05/19/2021; Consolidated with 2021-CT-00695-SCT Howard Industries, Inc. v. Selina Hayes; Mississippi Workers' Compensation Commission; LC Case #: 07 07775-M-6861-D; Ruling Date: 05/19/2021; ; Disposition: The motion for rehearing filed by the appellant is denied. Coleman, Maxwell, Beam and Chamberlin, JJ., would grant.

Howard Industries, Inc. v. Selina Hayes; Mississippi Workers' Compensation Commission; LC Case #: 07 07775-M-6861-D; Ruling Date: 05/19/2021; Consolidated with 2021-CT-00694-SCT Howard Industries, Inc. v. Selina Hayes; Mississippi Workers' Compensation Commission; LC Case #: 15 03857-P-0960-D; Ruling Date: 05/19/2021; ; Disposition: Motion for Award of Attorney's Fees for Additional Services filed by counsel for the appellee is granted. All Justices Agree. Order entered.

Howard Industries, Inc. v. Selina Hayes; Mississippi Workers' Compensation Commission; LC Case #: 07 07775-M-6861-D; Ruling Date: 05/19/2021; Consolidated with 2021-CT-00694-SCT Howard Industries, Inc. v. Selina Hayes; Mississippi Workers' Compensation Commission; LC Case #: 15 03857-P-0960-D; Ruling Date: 05/19/2021; ; Disposition: The motion for rehearing filed by the appellant is denied. Coleman, Maxwell, Beam and Chamberlin, JJ., would grant.

Travaris Richard Christian a/k/a Travaris R. Christian a/k/a Travaris Christian a/k/a Trevaris Rashad Christian v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-005(1-6); Ruling Date: 09/26/2013; Ruling Judge: Winston Kidd; Disposition: Motion for Post-Conviction Relief to Reduce or Modify Sentence filed pro se by Travaris Richard Christian is denied. Finding that the instant filing is frivolous, Christian is hereby 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. Order, Dunn v. State, No. 2016-M-01514 (Miss. Nov. 15, 2018). 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 1/8/24.

Priceline.com, LLC, Priceline.com Incorporated n/k/a Booking Holdings, Inc., Travelweb LLC, Trip Network, Inc. d/b/a Cheaptickets.com, Orbitz, LLC, Hotels.com, L.P., Expedia, Inc., Hotwire, Inc., TVL LP f/k/a Travelocity.com LP, Site59.com, LLC v. Lynn Fitch, Attorney General of the State of Mississippi ex rel. State of Mississippi; Hinds Chancery Court 1st District; LC Case #: 25CH1:11-cv-02211; Ruling Date: 07/12/2021; Ruling Judge: Denise Owens; Disposition: The motion for rehearing filed by the appellee is denied. Randolph, C.J., Kitchens and King, P.JJ., would grant. Griffis, J., not participating.

Alvin Johnson, Sr. v. Anna Johnson; Hinds Chancery Court 1st District; LC Case #: 25CH1:16-cv-01273; Ruling Date: 08/27/2021; Ruling Judge: Denise Owens; Consolidated with 2018-CT-01416-COA Alvin Johnson, Sr. v. Anna Johnson; Hinds Chancery Court 1st District; LC Case #: 25CH1:16-cv-01273; Ruling Date: 09/28/2018; Ruling Judge: Denise Owens; Disposition: Alvin Johnson, Sr.'s Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Griffis, J. Order entered 12/14/23.

Robert Donald Ehrhardt III v. State of Mississippi; Rankin Circuit Court; LC Case #: 30525; Ruling Date: 09/15/2021; Ruling Judge: M. Mills; Disposition: Petition for Writ of Certiorari filed by Robert Donald Ehrhardt, III, is denied. To Deny: All Justices. Order entered 12/13/23.

In the Matter of the Last Will and Testament of Mamie Elizabeth Pearson Bray, Deceased: Robert Pearson, Dorothy Dye, Frank Pearson, Joe William Pearson, Emma Juanita Stembridge, Charlene "Lilli" Ellison, Jamie Lynn Hardin, Travis Hardin, David Gene Rogers, Thomas Clay Rogers, Patricia Byrd, John A. Pearson, Jr., and Rev. Mark Pearson v. Margaret Eubanks, St. Mary Catholic Church, and Jay Westfaul; Panola Chancery Court 2nd District; LC Case #: 54CH2:18-cv-00260; Ruling Date: 11/22/2021; Ruling Judge: Percy Lynchard, Jr.; Disposition: Appellee St. Mary Catholic Church's Petition for Writ of Certiorari is granted. To Grant: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny: King, P.J., Ishee and Griffis, JJ. Order entered 12/18/23.

Eric LaQuinne Brown a/k/a Eric L. Brown a/k/a Eric Brown v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV2021-000082; Ruling Date: 12/20/2021; Ruling Judge: Kelly Mims; Disposition: Petition for Writ of Certiorari filed pro se by Eric LaQuinne Brown is denied. To Deny: All Justices. Order entered 12/18/23.

In the Matter of the Estate of Joan B. Roosa, Deceased: Rosemary Roosa v. Christopher Roosa, Executor, Stuart Allen Roosa, Jr., and John D. Roosa; Harrison Chancery Court 1st District; LC Case #: 24CH1:07-cv-02658-CB; Ruling Date: 01/11/2022; Ruling Judge: Carter Bise; Disposition: Petition of Appellant Rosemary Roosa for Writ of Certiorari is denied. To Deny: All Justices. Order entered 12/15/23.

Michael John Tarvin a/k/a Michael Tarvin v. State of Mississippi; Forrest Circuit Court; LC Case #: 02-103CR; Ruling Judge: Robert Helfrich; Disposition: Michael Tarvin's Application for Leave to Proceed in the Trial Court is denied. Finding that the application is frivolous and sanctions are warranted, Tarvin is hereby restricted from filing further applications for post-conviction 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 further applications for post-conviction collateral relief (or pleadings in that nature) from Tarvin 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 Statement Joined by Kitchens, P.J. Order entered 1/9/24.

John Logan, Samantha Logan, MedPlus Urgent Clinic, LLC, MedEx, LLC, M2 Billing Company and William Smothers v. RedMed, LLC, Covenant Investments Series II, Inc., M&K Equipment Rentals, LLC, Dr. Michael Turner, Karol Turner, MedPlus Oxford, LLC, Dr. Jason Digby and Digby Family Holdings, LLC; Lafayette Circuit Court; LC Case #: L19-735; Ruling Date: 05/20/2022; Ruling Judge: Grady Tollison, III; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Ishee and Griffis, JJ., Concur. Chamberlin, J., Dissents With Separate Written Opinion Joined by Maxwell and Beam, JJ. Dissenting Opinion: Chamberlin, J. Votes: Maxwell and Beam, JJ., Join This Opinion.

Pastor Calvin Melton v. Union Hill Missionary Baptist Church; Madison Chancery Court; LC Case #: 45CH1:21-cv-00699; Ruling Date: 06/23/2022; Ruling Judge: James Walker; Disposition: Motion to Disqualify Counsel and/or Motion to Sanction Counsel and/or Motion to Strike Brief and/or Motion to Show Cause and/or Motion to Correct Style of the Case filed by Appellee is granted in part and denied in part. The motion to correct the style was granted by order entered 5/19/23. The motion is denied with regard to the remaining issues. See opinion of this Court handed down this date.

The Mississippi Bar v. Rhett R. Russell; Disposition: The petition of the Mississippi Bar to transfer Rhett R. Russell to disability inactive status is granted and the license of Russell to practice law is hereby transferred to disability inactive status in a manner consistent with this order. Russell may seek reinstatement to the practice of law in the State of Mississippi pursuant to Rule 24 of the Rules of Discipline, and all documentation related to this proceeding other than this Order shall not be public record and shall be kept confidential. The Mississippi Bar's request for reimbursement of costs and expenses is denied. All Justices Agree. Beam, J., for the Court. Order entered.