01/26/2023 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99001-SCT

In Re: The Rules of Civil Procedure; Disposition: 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.

In Re: The Rules of Civil Procedure; Disposition: The Motion of the Advisory Committee on Rules to Amend M.R.C.P. 45 is granted in part. Rule 45 of the Mississippi Rules of Civil Procedure is amended as set forth in attached Exhibit A, and the amendments are effective 30 days after entry of this order. All Justices Agree. Order entered 1/23/23.

Eugene Butler a/k/a Eugene Michael Butler, Jr. v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2017-132; Ruling Date: 10/21/2019; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: 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.

Marlon Howell a/k/a Marlon LaTodd Howell a/k/a Marlon Cox v. State of Mississippi; Union Circuit Court; LC Case #: CV2016-120; Ruling Date: 07/02/2020; Ruling Judge: Andrew Howorth; Majority Opinion: Coleman, J. Disposition: Affirmed. Union County taxed with costs of appeal. Votes: Randolph, C.J., Maxwell, Beam, Chamberlin and Griffis, 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.

Derrick Nelson a/k/a Derrick Demetrius Nelson v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2013-0275-CR1K; Ruling Judge: James Kitchens, Jr.; Disposition: The Application for Leave to Proceed in the Trial Court filed pro se by Derrick Nelson is hereby denied. Finding that Nelson's instant filing is frivolous and sanctions are proper, Nelson is hereby restricted from filing further petitions for post-conviction relief (or pleadings in that nature) that are related to his conviction of murder and corresponding sentence. The Clerk of this Court shall not accept for filing any further petitions for post-conviction relief (or pleadings in that nature) in forma pauperis from Nelson that are related to his conviction and sentence. To Deny with Sanctions: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny without Sanctions: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 1/18/23.

Tyree Camphor v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:18-cv-00054; Ruling Date: 12/10/2020; Ruling Judge: Betty Sanders; Disposition: Petition for Writ of Certiorari filed by Tyree Camphor is denied. To Deny: All Justices. Order entered 1/18/23.

Robert Fisher, Jr. a/k/a Robert Fisher a/k/a Robert Earl Fisher, Jr. v. State of Mississippi; Yazoo Circuit Court; LC Case #: 82CI1:20-cr-02365-1; Ruling Date: 04/19/2021; Ruling Judge: Barry Ford; Disposition: The motion for rehearing filed by the appellant is denied.

Charles Anderson v. State of Mississippi; Lamar Circuit Court; LC Case #: 2003-K-428P; Ruling Judge: Anthony Mozingo; Disposition: The "Plea of Actual Innocen[ce]," filed pro se by Charles Anderson, which is treated as a motion for post-conviction relief, is denied. Finding that the instant filing is frivolous, Anderson 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 1/20/23.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: 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.