02/27/2020 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99016-SCT

In Re: Advisory Committee on Rules; Disposition: Order authorizing and directing the disbursement of $25,000.00 from the Court's Judicial System Operation Fund to the Mississippi Supreme Court Advisory Committee on Rules for its necessary work through September 30, 2020. Order entered 2/19/20.

Glen L. Conley, Jr. v. State of Mississippi; Pike Circuit Court; LC Case #: 15559-A; Ruling Date: 07/03/1998; Ruling Judge: David Strong, Jr.; Disposition: The Application for Post-Conviction Relief for this Court to Vacate an Illegal Sentence the Circuit Court had No Authority to Impose is denied. To Deny and Issue Sanctions Warning: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ., and Coleman, J. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Timothy Stratton a/k/a Timothy W. Stratton v. State of Mississippi; Lee Circuit Court; LC Case #: CR11-175; Ruling Date: 06/12/2012; Ruling Judge: Paul Funderburk; Disposition: The Application for Leave to Proceed in the Trial Court is denied. Stratton is hereby restricted from filing further applications for post-conviction collateral relief (or pleadings in that nature) that are related to these convictions and sentences 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 Stratton that are related to these convictions and sentences unless he pays the applicable docket fee. To Deny and Sanction: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ., and Coleman, J. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Jontavian Eubanks v. State of Mississippi; Madison Circuit Court; LC Case #: 2016-0238-C; Ruling Date: 10/31/2017; Ruling Judge: William Chapman, III; Majority Opinion: Griffis, J. Disposition: Affirmed. Madison County taxed with costs of appeal. Votes: Randolph, C.J., Maxwell, Beam and Chamberlin, JJ., Concur. Coleman, J., Concurs in Part and in Result with Separate Written Opinion Joined by Chamberlin, J.; Maxwell, J., Joins in Part. King, P.J., Dissents with Separate Written Opinion Joined by Kitchens, P.J., and Ishee, J. Concurring in Part and in Result Opinion: Coleman, J. Votes: Chamberlin, J., Joins This Opinion. Maxwell, J., Joins This Opinion in Part. Dissenting Opinion: King, P.J. Votes: Kitchens, P.J., and Ishee, J., Join This Opinion.

Victor Hurns v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 7199; Ruling Judge: Linda Coleman; Disposition: Hurns's motion requesting clarification is denied. All Justices Agree to Deny. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Juan Morales a/k/a Juan Luis Morales v. State of Mississippi; Lee Circuit Court; LC Case #: CR2005-000645; Ruling Date: 05/02/2018; Ruling Judge: Paul Funderburk; Disposition: Juan Morales's pro se Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.

Diamondhead Country Club and Property Owners Association, Inc. v. The Peoples Bank, Biloxi, Mississippi; Hancock Chancery Court; LC Case #: 23CH1:15-cv-00245-JS; Ruling Date: 06/12/2018; Ruling Judge: Jennifer Schloegel; Majority Opinion: Ishee, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and Appellee taxed with costs of appeal. Votes: Randolph, C.J., Maxwell, Beam, Chamberlin and Griffis, JJ., Concur. Kitchens, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by King, P.J., and Coleman, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, P.J. Votes: King, P.J., and Coleman, J., Join This Opinion.

Lynn Fitch, Attorney General of the State of Mississippi, ex rel., the State of Mississippi and Commissioner of Revenue Herb Frierson and Mississippi Department of Revenue v. Wine Express Inc., Bottle Deals Inc. and Gold Medal Wine Club; Rankin Chancery Court; LC Case #: 61CH1:17-cv-02064; Ruling Date: 09/04/2018; Ruling Judge: John Grant, III; Majority Opinion: Beam, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur.

Jackson Mac Haik CDJR, Ltd. v. Brenda Hester; Smith Circuit Court; LC Case #: 2017-152-1; Ruling Date: 02/06/2019; Ruling Judge: Eddie Bowen; Majority Opinion: Beam, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur. Kitchens, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by King, P.J. Randolph, C.J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, P.J. Votes: King, P.J., Joins This Opinion.

State Farm And Casualty Company v. State of Mississippi ex rel. Jim Hood, Attorney General for the State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cv-00221; Ruling Date: 10/08/2019; Ruling Judge: Tomie Green; Disposition: The Petition of State Farm Fire and Casualty Company for Permission to Appeal from Interlocutory Order is granted. To Grant: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. Order entered.