02/04/2021 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P., J.
X  2019-CA-01159-SCT

Pierre H. Thoden d/b/a ETC FBO Pierre H. Thoden IRA 47473 v. Deborah Hallford; Jackson Chancery Court; LC Case #: 30CH1:18-cv-01186-DNH; Ruling Date: 04/09/2019; Ruling Judge: D. Harris, Sr.; Majority Opinion: Chamberlin, J. Disposition: Affirmed in Part, Reversed in Part and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Ishee, JJ., Concur. Griffis, J., not participating.

Darron Lashaun Thames v. State of Mississippi; Newton Circuit Court; LC Case #: 18-CR-006-NW-CC; Ruling Date: 04/12/2019; Ruling Judge: Christopher Collins; Majority Opinion: Beam, J. Disposition: Affirmed. Newton County taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur.

Richard Wilbourn v. Victoria Wilbourn; Madison Circuit Court; LC Case #: 2017-0142-JC; Ruling Date: 05/21/2019; Ruling Judge: Dewey Arthur; Majority Opinion: Coleman, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Randolph, C.J., King, P.J., Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., Specially Concurs with Separate Written Opinion Joined by King, P.J. Griffis, J., not participating. Specially Concurring Opinion: Kitchens, P.J. Votes: King, P.J., Joins This Opinion.

Sam Bradford v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2003-41KR; Ruling Judge: Lamar Pickard; Disposition: Sam Bradford's Application for Leave to File Motion for Post-Conviction Collateral Relief is dismissed. Sam Bradford is hereby restricted from filing further applications for post-conviction collateral relief (or pleadings 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 Bradford 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 2/02/21.

Tyrone Burrell v. State of Mississippi; Tunica Circuit Court; LC Case #: 2013-0064; Ruling Judge: Linda Coleman; Disposition: Tyrone Burrell's Application for Leave to File Post-Conviction Collateral Relief in the Trial Court is denied. Tyrone Burrell is hereby restricted from filing further applications for post-conviction collateral relief (or pleadings 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 Burrell 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 Written Statement Joined by Kitchens, P.J. Order entered 2/02/21.

Joshua Eric Hawk Clark a/k/a Joshua Clark v. State of Mississippi; Itawamba Circuit Court; LC Case #: CRO8-031; Ruling Date: 03/03/2017; Ruling Judge: Thomas Gardner, III; Majority Opinion: Chamberlin, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Itawamba County Circuit Court is Reinstated and Affirmed. Appellant and Appellee taxed with costs of appeal. Votes: Maxwell, Beam and Griffis, JJ., Concur. Randolph, C.J., Concurs in Result Only without Separate Written Opinion. Ishee, J., Dissents with Separate Written Opinion Joined by Kitchens and King, P.JJ., and Coleman, J. Dissenting Opinion: Ishee, J. Votes: Kitchens and King, P.JJ., and Coleman, J., Join This Opinion.

Barry Mabus v. Mueller Industries and Zurich American Insurance Company; LC Case #: 0500498-J-4065- B; Ruling Date: 05/16/2019; Disposition: The Amended Petition for Writ of Certiorari filed by Mueller Industries and Zurich American Insurance Company is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Ishee and Griffis, JJ. Order entered.

Antonio Daniel Wallace a/k/a Antonio Wallace a/k/a Antonio D. Wallace v. State of Mississippi; Madison Circuit Court; Ruling Judge: Steve Ratcliff, III; Disposition: Antonio Daniel Wallace's "Motion Seeking Leave to Proceed to File Post-Conviction Collateral Relief" is denied. His "Motion to Amend Previously Filed Application for Leave to Proceed in the Trial Court for Post[-]Conviction Relief" and his "Motion for Leave to Submit Additional Facts, Arguments and Evidence Regarding Ineffective Assistance of Counsel" are granted. His "Motion to Suspend [Judgment] on Petitioner's Pending Application for Leave to Proceed in the Trial Court for Post[-]Conviction Relief" is dismissed as moot. 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 2/02/21.

Larry Chapin Hesler II v. Alcorn County Correctional Facility; Alcorn Circuit Court; LC Case #: CV19-285-FA; Ruling Date: 09/16/2019; Ruling Judge: Paul Funderburk; Disposition: The Petition for Writ of Certiorari filed pro se by Larry Chapin Hesler, II is granted. To Grant: Kitchens and King, P.JJ., Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J., Coleman, Maxwell and Beam, JJ. Order entered.

Ridgewood Place Group, LLC v. Barker Investments, LLC; Hinds Chancery Court 1st District; LC Case #: 25CH1:19-cv-00921; Ruling Date: 12/12/2019; Ruling Judge: J. Thomas; Disposition: The Motion to Dismiss Appeal for Lack of Standing filed by Appellee Barker Investments, LLC is denied. Upon the entry of the En Banc Order, the Clerk of the Court shall correct the style of the case to provide, as follows: Ridgewood Place Group, LLC v. Barker Investments, LLC. All Justices Agree. Order entered 1/27/21.

State Auto Property & Casualty Insurance Company v. MS Moe's OG BBQ Management Co., LLC; Lee County Court; LC Case #: 2020-000673; Ruling Date: 10/29/0220; Ruling Judge: James Moore; Disposition: This matter is before the Court, sitting en banc, on State Auto Property & Casualty Insurance Company's petition for interlocutory appeal and motion to stay trial court proceedings, and the Court, having considered the same, finds and adjudicates that said petition and motion should be, and the same hereby are, denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Coleman and Griffis, JJ. Order entered 1/28/21.