02/03/2022 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D., P.J.
X  2020-CP-01322-SCT

Sedric Q. Sutton a/k/a Sedric Sutton a/k/a Cedric Quintorus Sutton v. State of Mississippi; Washington Circuit Court; LC Case #: 2019-0016; Ruling Date: 11/10/2020; Ruling Judge: Richard Smith; Majority Opinion: King, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: State Intervention Courts Advisory Committee; Disposition: En banc order appointing Nathan Blevins as a member of the State Intervention Courts Advisory Committee effective upon the entry of this order for the balance of the term of Gary Young expiring on December 31, 2022. All Justices Agree. Order entered 1/27/22.

Blayde Grayson a/k/a Blayde N. Grayson a/k/a Blayde Nathaniel Grayson a/k/a Blayde N. Amodeo v. State of Mississippi; George Circuit Court; LC Case #: 9610032; Ruling Date: 08/08/1997; Ruling Judge: Kathy Jackson; Disposition: After due consideration of Blayde Grayson's pro se Motion to Carry Out Execution Forthwith and the responses by David P. Voisin, Grayson's appointed federal counsel, and the State of Mississippi, we hereby order this matter be remanded to the Circuit Court of George County, Mississippi in order for the court to take the following actions: a. Transport Grayson to the Circuit Court of George County, Mississippi and have him make, with federal counsel present, an on the record statement under oath as to whether he wishes to proceed with this motion and waive his appeals; b. If his answer is in the negative, the circuit court should enter an order to that effect, forward said order to this court and take no further action; c. However, if the answer is in the affirmative, the court shall take such steps as the circuit court deems necessary (including additional evaluation if deemed necessary by the trial court) to determine if Grayson is competent to waive his appeals and, further, if the decision is voluntarily made. Upon making said determinations, the trial court shall reduce its findings to an order, forward said order to this court and take no further action. This court further notes that any final disposition on this motion will not be made until the court has determined the status and effect of the federal habeas corpus proceeding pending in the United States District Court for the Southern District of Mississippi, styled Grayson v. Cain, No. 1:04-cv-00708-CWR. Agree: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. Ishee, J., Not Participating. Order entered 1/28/22.

Leslie Galloway, III a/k/a Leslie Galloway a/k/a Leslie "Bo" Galloway, III v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-00468; Ruling Date: 06/06/2013; Ruling Judge: Roger Clark; Disposition: Motion for Leave to Amend and Supplement Petitioner's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by counsel for Leslie Galloway, III, is granted. Galloway's Motion for Leave to Proceed in the Trial Court with Amended Petition for Post-Conviction Relief is hereby accepted for filing. The State's response to Galloway's Motion for Leave to Proceed in the Trial Court with Amended Petition for Post-Conviction Relief is due ninety (90) days from the entry of this order. Galloway's Motion to Seal Documents is granted. All Justices Agree. Order entered 1/27/22.

Martin Wheelan v. City of Gautier and David A. Vindich; Jackson Chancery Court; LC Case #: 30CH1:16-cv-01881-DNH; Ruling Date: 02/20/2019; Ruling Judge: Michael Ward; 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., Concurs in Result Only With Separate Written Opinion Joined by Maxwell and Beam, JJ. Concur in Result Only Opinion: Chamberlin, J. Votes: Maxwell and Beam, JJ., Join This Opinion.

In the Matter of the Conservatorship of Joyce G. Redd: Joyce G. Redd v. John R. Redd, William Howard Redd, Richard Lee Redd, Robert Charles Redd, Tina Cutaia Arias, Regions Bank as Trustee, and Brian Keith Redd; Rankin Chancery Court; LC Case #: 61CH1:18-cv-01274; Ruling Date: 07/15/2019; Ruling Judge: John McLaurin, Jr.; Disposition: The motion for rehearing filed by the appellant is denied. Kitchens and King, P.JJ., and Coleman, J., would grant.

Mauldin Company v. Earnest Turnage; Smith Circuit Court; LC Case #: 2015-108; Ruling Date: 12/19/2018; Ruling Judge: Eddie Bowen; Disposition: Mauldin Company's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin and Ishee, JJ. To Grant: Griffis, J. Beam, J., Not Participating. Order entered 1/26/22.

Shannon Sanders v. Attala County, Mississippi; Attala Circuit Court; LC Case #: 04CI1:18-cv-0049; Ruling Date: 01/15/2020; Ruling Judge: George Mitchell, Jr.; Disposition: Attala County, Mississippi's Petition for Writ of Certiorari 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 1/26/22.

David Eugene Bowman v. Robin Sills Bowman; Lamar Chancery Court; LC Case #: 37CH1:15-cv-00634-CS; Ruling Date: 12/19/2019; Ruling Judge: Michael Smith; Disposition: Robin Sills Bowman's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ. To Grant: Chamberlin, J. Order entered 1/26/22.

Sandra Jean Oliver v. Trustmark National Bank, Inc., Montgomery County Land Trust, Doug E. Shaddix, Individually and as Trustee for Montgomery County Land Trust, Grace Gunn, Individually and as Notary Public for the State of Mississippi, G.E. Girling, A/K/A Grace Gunn, Frank Michael Gunn, Hankins Lumber, Inc., James Calvin Oliver, Jr. and Janet O. McLelland; Montgomery Circuit Court; LC Case #: 2019-0080CVL; Ruling Date: 10/27/2020; Ruling Judge: Joseph Loper, Jr.; Disposition: Sandra Oliver's Urgent Motion to Set Aside the Premature, Unwarranted and Unauthorized Notice of Dismissal Filed by the Supreme Court Clerk on September 3, 2021 and Reinstate this Pending Appeal and Other Relief is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 1/31/22.

Coby Cook a/k/a Coby O. Cook v. State of Mississippi; Webster Circuit Court; LC Case #: 78CI1:21-cv-00005; Ruling Date: 02/24/2021; Ruling Judge: Joseph Loper, Jr.; Disposition: Colby Cook's Petition for Writ of Certiorari is dismissed. Order entered 1/25/22.

CMR Construction & Roofing, LLC and CMR Construction & Roofing of TX, LLC v. John Jones and Mary Jones; Hinds County Court 1st District; LC Case #: 25CO1:17-cv-03130-LCS; Ruling Date: 09/30/2021; Ruling Judge: LaRita Cooper-Stokes; Disposition: CMR Construction & Roofing, LLC and CMR Construction & Roofing of TX, LLC's Petition for Interlocutory Appeal and to Stay Trial Court Proceedings is denied. Agree: Randolph, C.J., Kitchens and King, P.JJ., Ishee and Griffis, JJ. Disagree: Coleman, Maxwell, Beam and Chamberlin, JJ. Corrected Order entered 2/1/22.

In Re: Sandra Jean Oliver; Montgomery Circuit Court; LC Case #: 49CI1:19-cv-00080-JL; Ruling Judge: Joseph Loper, Jr.; Disposition: Sandra Oliver's Emergency Petition for Writ of Mandamus and Prohibition Addressing Three (3) Issues Combined is dismissed. All Justices Agree to Dismiss. Order entered 1/31/22.