02/16/2023 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2018-M-01124

Randall Cooper, Jr. a/k/a Randall Cooper a/k/a Randall Carl Cooper, Jr. a/k/a Randall C. Cooper, Jr. a/k/a Randall Carl Cooper v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2014-0008-CR1H; Ruling Judge: Lee Howard; Disposition: Randall Cooper Jr.'s Motion for Post Conviction Collateral Relief is denied. To Deny without Sanctions Warning: Kitchens and King, P.JJ., Coleman, Chamberlin and Griffis, JJ. To Deny with Sanctions Warning: Randolph, C.J., Maxwell, Beam and Ishee, JJ. Order entered 2/13/23.

Alberto Julio Garcia a/k/a Alberto J. Garcia a/k/a Alberto Garcia v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-15-500; Ruling Date: 01/25/2017; Ruling Judge: Lisa Dodson; Disposition: Motion for Post-Conviction Relief or in the Alternative for Leave to Proceed in Trial Court with a Petition for Post-Conviction Relief is denied. See opinion of this Court handed down this date.

Alberto Julio Garcia a/k/a Alberto J. Garcia a/k/a Alberto Garcia v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-15-500; Ruling Date: 01/25/2017; Ruling Judge: Lisa Dodson; Majority Opinion: Maxwell, J. Disposition: Post-Conviction Relief Denied. Harrison County taxed with costs. Votes: Randolph, C.J., Coleman, Beam, Chamberlin and Griffis, JJ., Concur. Kitchens, P.J., Concurs in Part and in the Result With Separate Written Opinion Joined by King, P.J., and Ishee, J.; Coleman, J. Joins in Part. Concurring in Part and in Result Opinion: Kitchens, P.J. Votes: King, P.J., and Ishee, J., Join This Opinion. Coleman, J., Joins This Opinion in Part.

Barry Wade Gilmer v. Chuck McRae, Seth Little, Michelle Biegel and Bettie Ruth Johnson; Madison Circuit Court; LC Case #: 45CI1:17-cv-00209; Ruling Date: 12/03/2020; Ruling Judge: Jess Dickinson; Consolidated with 2021-CA-00570-SCT Barry Wade Gilmer v. Seth Little, McRae Law Firm, PLLC, Law Office of Bettie Ruth Johnson, Michelle Biegel, Bettie Ruth Johnson and Chuck R. McRae; Madison Circuit Court; LC Case #: 45CI1:20-cv-00069; Ruling Date: 01/12/2021; Ruling Judge: Jess Dickinson; Disposition: Appellees' Motion for Fees and Costs is granted. The total amount of fees awarded against Barry Wade Gilmer is $38,126.50, as provided in the order. Agree: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Disagrees: Griffis, J. Griffis, J., Objects to the Order with Separate Written Statement. Order entered 2/9/23.

Mississippi Commission on Judicial Performance v. Municipal Court Judge Carlos E. Moore; LC Case #: 2020-218; Ruling Date: 05/16/2022; Ruling Judge: Roy Campbell, III; Disposition: The Motion for Approval of Recommendation filed by the Mississippi Commission on Judicial Performance is granted as provided in the opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Municipal Court Judge Carlos E. Moore; LC Case #: 2020-218; Ruling Date: 05/16/2022; Ruling Judge: Roy Campbell, III; Majority Opinion: Kitchens, P.J. Disposition: Carlos E. Moore shall be suspended from office, without pay, for sixty days from his position as municipal judge for both Grenada and Clarksdale effective on the date of the issuance of the mandate of this Court and shall be publicly reprimanded in open court by the presiding judge on the first day of the next term of the Grenada County Circuit Court in which a jury venire is present following the issuance of the mandate of this Court, with Judge Moore present. Judge Moore shall also be publicly reprimanded in open court by the presiding judge on the first day of the next term of the Coahoma County Circuit Court in which a jury venire is present following the issuance of the mandate of this Court, with Judge Moore present. Judge Moore is fined $1,500. Judge Carlos E. Moore is taxed with costs. Votes: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Yates Services, LLC v. Shante Hill, Individually and As The Parent, Legal Guardian and On Behalf of Any and All Wrongful Death Beneficiaries of Kalianna Royce Morris, Deceased, and The Estate of Kalianna Royce Morris, Deceased; Madison Circuit Court; LC Case #: 45CI1:19-cv-00057-JR; Ruling Date: 08/11/2022; Ruling Judge: Steve Ratcliff, III; Disposition: Yates Services, LLC's Petition for Interlocutory Appeal 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 2/13/23.

Daryl Hawkins v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-021-CR2; Ruling Judge: Linda Coleman; Disposition: Daryl Hawkins's Application for Leave to Proceed in the Trial Court is denied. Finding that the instant filing is frivolous, Hawkins 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 2/7/23.