02/02/2023 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D., J.
X  2021-CA-00882-SCT

Niyokia Lee v. State Farm Mutual Automobile Insurance Company; Harrison Circuit Court 1st District; LC Case #: 24CI1:20-cv-00508; Ruling Date: 07/27/2021; Ruling Judge: Lisa Dodson; Consolidated with 2021-IA-01006-SCT State Farm Mutual Automobile Insurance Company v. James Cooper; Rankin Circuit Court; LC Case #: 61CI1:19-cv-00146-JM; Ruling Date: 08/13/2021; Ruling Judge: M. Mills; Majority Opinion: Maxwell, J. Disposition: As to No. 2021-CA-00882-SCT: Reversed and Remanded. As to No. 2021-IA-01006-SCT: Affirmed and Remanded. As to 2021-CA-00882-SCT: Appellee taxed with costs of appeal. As to 2021-IA-01006-SCT: Appellant taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Chamberlin, Ishee and Griffis, JJ., Concur. Randolph, C.J., and Beam, J., not participating.

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. Corrected Order entered 1/30/23.

In Re: Advisory Committee on Rules; Disposition: 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.

James Arthur Fannings, Jr. a/k/a James A. Fanning a/k/a James Arthur Flanning, Jr. a/k/a James Fannings v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2006-079CR2; Ruling Judge: Linda Coleman; Disposition: James Arthur Fannings, Jr.'s Petition for Application for Leave to Proceed Into the Trial Court is denied. Finding that the instant filing is frivolous, Fannings is warned that future filings deemed frivolous may result not only in monetary sanctions but also in restrictions on filing applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis. 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 1/30/23.

Joseph Cook v. State of Mississippi; Rankin Circuit Court; LC Case #: 24,466; Ruling Judge: John Emfinger; Disposition: Joseph Cook's motion for post-conviction relief is denied. Finding that the instant filing is frivolous and sanctions are proper, Cook is hereby restricted from filing further applications for post-conviction collateral relief (or pleading in that nature) that are related to this conviction and sentence in forma pauperis. The Clerk of this Court shall not accept for filing any further applications for post-conviction collateral relief (or pleadings in that nature) from Cook that are related to this conviction and sentence unless he pays the applicable docket fee. To Deny with Sanctions: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 1/26/23.

Jonicqua Moffett v. State of Mississippi; Forrest Circuit Court; LC Case #: 19-432W; Ruling Date: 04/21/2021; Ruling Judge: Jon Weathers; Disposition: Petition for Writ of Certiorari filed by Jonicqua Moffett is denied. All Justices Agree. Order entered 1/24/23.

TransMontaigne Operating Company, L.P. v. Loresco I, LLC; Lamar Chancery Court; LC Case #: 37CH1:17-cv-00380-S; Ruling Date: 08/20/2021; Ruling Judge: Rhea Sheldon; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens, P.J., Coleman, Beam, Chamberlin and Ishee, JJ., Concur. Griffis, J., Dissents With Separate Written Opinion Joined by King, P.J. Dissenting Opinion: Griffis, J. Votes: King, P.J., Joins This Opinion.

Sherman Billie v. State of Mississippi; Neshoba Circuit Court; Ruling Judge: Caleb May; Disposition: The Motion for Post-Conviction Collateral Relief filed by Sherman Billie is denied. Finding that the claims raised in the successive petition are frivolous, Billie is warned that future filings deemed frivolous could result in monetary sanctions or in restrictions on his ability to file applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis. See Order, Dunn v. State, No. 2016-M-1514 (Miss. Nov. 15, 2018). To Deny and Warn of Sanctions: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny Without Sanctions Warning: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 1/25/23.