03/01/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael, J.
X  2016-CA-01438-SCT

Ralph Arnold Smith, Jr., Individually, and Ex Rel. the State of Mississippi v. James M. Hood, III, who Purports to be acting as Attorney General for the State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 2016-cv-375-WLK; Ruling Date: 10/04/2016; Ruling Judge: Winston Kidd; Majority Opinion: Ishee, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam and Chamberlin, JJ., Concur. Coleman, J., not participating.

Biel Reo, LLC v. Lee Freyer Kennedy Crestview, LLC and Lee Freyer Kennedy; Harrison Circuit Court 1st District; LC Case #: A2401-2011-189; Ruling Date: 08/11/2016; Ruling Judge: Lisa Dodson; Majority Opinion: King, J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Affirmed. Appellees are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

The Matter of the Estate of Frankie Don Ware, Deceased: Carolyn Ware, Executrix v. Richard Ware; Chickasaw Chancery Court 1st District; LC Case #: 2011-1212-KMB; Ruling Date: 12/28/2015; Ruling Judge: Kenneth Burns; Consolidated with 2016-CA-01589-SCT In the Matter of the Estate of Frankie Don Ware, Deceased: Carolyn Ware, as Executrix of the Estate of Frankie Don Ware v. Richard Ware; Chickasaw Chancery Court 1st District; LC Case #: 2011-1212-KMB; Ruling Date: 10/11/2016; Ruling Judge: Kenneth Burns; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Tunica County Board of Supervisors v. HWCC-Tunica, LLC; Tunica Circuit Court; LC Case #: 2014-0162; Ruling Date: 10/13/2015; Ruling Judge: Charles Webster; Disposition: The Motion for Rehearing filed by Appellant is denied. Beam and Ishee, JJ., Not Participating.

In Re: Jermaine Crump; Yalobusha Circuit Court 1st District; LC Case #: CR2013-7-SMY1; Ruling Date: 04/15/2015; Ruling Judge: Smith Murphey; Disposition: The Petition for Writ of Certiorari filed by Jermaine Crump is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

William Mack, Jr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 13-398 CR; Ruling Date: 02/27/2015; Ruling Judge: Robert Helfrich; Disposition: William Mack, Jr.'s Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Robert Simon, Jr. v. State of Mississippi; Quitman Circuit Court; LC Case #: 5114; Ruling Date: 10/13/1990; Ruling Judge: Thomas Pearson; Disposition: The Motion to Supplement filed by Petitioner is granted. The Motion for Leave to Seek Access to Records and Witnesses in the Circuit Court filed by Petitioner is denied. To Deny Motion for Leave to Seek Access to Records and Witnesses in the Circuit Court: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant Motion for Leave to Seek Access to Records and Witnesses in the Circuit Court: Kitchens, P.J., and King, J. To Grant Motion to Supplement: All Justices. Order entered.

Latrai Spraggins v. State of Mississippi; Clay Circuit Court; LC Case #: 2015-0248; Ruling Date: 02/06/2016; Ruling Judge: Henry Lackey; Disposition: The Clerk of the Court shall recall the mandate that was issued on January 2, 2018. Latrai Spraggins's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. To Dismiss: Coleman, J. Not Participating: Ishee, J. Order entered.

Latrai Spraggins v. State of Mississippi; Clay Circuit Court; LC Case #: 2015-0248; Ruling Date: 02/06/2016; Ruling Judge: Henry Lackey; Disposition: The Clerk of the Court shall recall the mandate that was issued on January 2, 2018. Latrai Spraggins's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. To Dismiss: Coleman, J. Not Participating: Ishee, J. Order entered.

Cyndy Howarth, Individually, Wife, Wrongful Death Beneficiary, and as Executrix of the Estate of Richard Howarth, Jr., Deceased, Juliet Howarth McDonald, Individually, Daughter, and as Wrongful Death Beneficiary of Richard Howarth, Jr., Deceased, and Cyndy Howarth, as Guardian, Natural Mother and Next Friend of Cynthia Howarth, a Minor and Wrongful Death Beneficiary of Richard Howarth, Jr., Deceased v. M & H Ventures, LLC; Neshoba Circuit Court; LC Case #: 13-CV-0237-NS-C; Ruling Date: 02/11/2016; Ruling Judge: Vernon Cotten; Disposition: The Motion for Rehearing filed by Appellants is denied. Ishee, J., Not Participating.

Samuel Amos a/k/a Samuel M. Amos, Jr. a/k/a Samuel M. Amos a/k/a Samuel Martin Amos, Jr. a/k/a Samuel Amos, II v. State of Mississippi; Neshoba Circuit Court; LC Case #: 15-CR- 0060-NS- G; Ruling Date: 08/08/2016; Ruling Judge: Vernon Cotten; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., would grant.

Casey Sheldon Woods a/k/a Casey Woods v. State of Mississippi; Adams Circuit Court; LC Case #: 15-KR- 0091-S; Ruling Date: 09/28/2016; Ruling Judge: Lillie Sanders; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., King and Ishee, JJ., Concur. Chamberlin, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Randolph, P.J., Maxwell and Beam, JJ. Concurring in Part and Dissenting in Part Opinion: Chamberlin, J. Votes: Randolph, P.J., Maxwell and Beam, JJ., Join This Opinion.

Xavier Brown v. State of Mississippi; Lamar Circuit Court; Ruling Date: 06/20/2002; Ruling Judge: Prentiss Harrell; Disposition: The Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is dismissed without prejudice to Brown's right to seek relief in the trial court. Agree: All Justices. Order entered.