03/14/2019 - Hand Down and published opinions in WordPerfect/ZIP format

Beam, Dawn H., J.
XX  2017-CA-00959-SCT

Cindy Henderson and John Henderson v. Copper Ridge Homes, LLC, Richard Coney, Individually and First Bank, a Mississippi Banking Corporation; Pike Circuit Court; LC Case #: 15-076-PCT-PCS; Ruling Date: 06/28/2017; Ruling Judge: Michael Taylor; Majority Opinion: Beam, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and Appellees are taxed with costs of appeal. Votes: Randolph, C.J., King, P.J., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur. Kitchens, P.J., Concurs with Separate Written Opinion Joined by King, P.J., and Beam, J. Concurring Opinion: Kitchens, P.J. Votes: King, P.J., and Beam, J., Join This Opinion.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK09-380; Ruling Date: 05/20/2011; Ruling Judge: Andrew Howorth; Disposition: Caleb Corrothers's Motion of Notice is dismissed without prejudice. All Justices Agree. Order entered.

Tommie Lee Page a/k/a Tommie Page v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0085; Ruling Date: 10/24/2001; Ruling Judge: John Montgomery; Disposition: Tommie Lee Page's Application for Leave to Proceed in the Trial Court is denied. Page 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 Page that are related to this conviction and sentence unless he pays the applicable docket fee. To Deny and Issue Sanctions: Randolph, C.J., Coleman, Maxwell, Beam, Ishee and Griffis, JJ. To Dismiss and Issue Sanctions: Chamberlin, J. 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.

Donald Mark Edwards v. State of Mississippi; Perry Circuit Court; LC Case #: 5453; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari, which is in the nature of a petition for post-conviction relief and will be treated as such, filed by Donald Mark Edwards, pro se, is denied. Donald Mark Edwards is hereby restricted from filing further petitions for post-conviction 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 petitions for post-conviction relief (or pleadings in that nature) in forma pauperis from Edwards that are related to this conviction and sentence. To Deny and Issue Sanctions: Randolph, C.J., Coleman, Maxwell, Beam and Griffis, JJ. To Dismiss and Issue Sanctions: Chamberlin and Ishee, 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.

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: Timothy Stratton's Application for Leave to Proceed in the Trial Court with Motion to Vacate Convictions is denied. To Deny and Issue Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Ishee and Griffis, JJ. To Dismiss and Issue Sanctions Warning: Chamberlin, J. To Deny: King, P.J. To Grant: Kitchens, P.J. King, P.J., Objects to the Order in Part with Separate Written Statement. Order entered.

Darryl Metcalf a/k/a Peanut v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2009-0067; Ruling Date: 07/22/2016; Ruling Judge: Linda Coleman; Disposition: The Motion to Petition Writ of Certiorari filed by Darryl Metcalf, pro se is dismissed. Order entered.

Ralph Arnold Smith, Jr., North Central Mississippi Regional Cancer Center, Inc. and William C. Bell v. Hickman, Goza & Spragins, PLLC and Chapman, Lewis & Swan, PLLC; Leflore Circuit Court; LC Case #: 2012-0053-CI; Ruling Date: 01/09/2017; Ruling Judge: L. Hilburn; Disposition: The Motion for Rehearing filed by Appellants is denied. Coleman and Griffis, JJ., not participating.

Joseph Cook v. State of Mississippi; Rankin Circuit Court; LC Case #: 24,466; Ruling Judge: John Emfinger; Disposition: The Application for Leave to Proceed in the Trial Court filed pro se by Joseph Cook is denied. To Deny and Issue Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Ishee and Griffis, JJ. To Dismiss and Issue Sanctions Warning: Chamberlin, J. 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.

James Edward Pryor v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 2014-66-KR1; Ruling Date: 03/07/2017; Ruling Judge: Dal Williamson; Disposition: James Pryor's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.

Marcus Chandler v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-422; Ruling Judge: W. Yerger; Disposition: Marcus Chandler's Application for Leave to Proceed in the Trial Court is denied. Marcus Chandler is hereby restricted from filing further petitions for post-conviction relief (or pleadings in that nature) related to this conviction and sentence in forma pauperis. The Clerk of this Court shall not accept for filing any further petitions for post-conviction collateral relief (or pleadings in that nature) in forma pauperis from Chandler related to this conviction and sentence. To Deny and Issue Sanctions: Randolph, C.J., Maxwell, Beam, Ishee and Griffis, JJ. To Dismiss and Issue Sanctions: Chamberlin, J. 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.

Michael T. Gerty and State of Mississippi Ex Rel. Jim Hood, Attorney General v. Joesie R. Gerty; Harrison Chancery Court 1st District; LC Case #: 24CH1:13-cv-02446-JS; Ruling Date: 06/08/2017; Ruling Judge: Jennifer Schloegel; Disposition: The Motion for Rehearing filed by Appellant is denied. Griffis, J., not participating.

Mississippi Gaming & Hospitality Association v. Diamondhead Real Estate, LLC and Mississippi Gaming Commission; Hancock Circuit Court; LC Case #: 17-0148; Ruling Date: 07/12/2017; Ruling Judge: Christopher Schmidt; Consolidated with 2017-IA-01084-SCT Mississippi Gaming & Hospitality Association v. RW Development, LLC, MAS, LLC and Mississippi Gaming Commission; Harrison Circuit Court 2nd District; LC Case #: 24CI2:17-cv-00044; Ruling Date: 07/14/2017; Ruling Judge: Christopher Schmidt; Disposition: The Motions for Rehearing filed by Appellant are denied. Griffis, J., not participating.

Mississippi Gaming & Hospitality Association v. RW Development, LLC, MAS, LLC and Mississippi Gaming Commission; Harrison Circuit Court 2nd District; LC Case #: 24CI2:17-cv-00044; Ruling Date: 07/14/2017; Ruling Judge: Christopher Schmidt; Consolidated with 2017-IA-01076-SCT Mississippi Gaming & Hospitality Association v. Diamondhead Real Estate, LLC and Mississippi Gaming Commission; Hancock Circuit Court; LC Case #: 17-0148; Ruling Date: 07/12/2017; Ruling Judge: Christopher Schmidt; Disposition: The Motions for Rehearing filed by Appellant are denied. Griffis, J., not participating.

David Nichols a/k/a David Sydney Nichols a/k/a David Sidney Nichols v. State of Mississippi; Tate Circuit Court; LC Case #: 16-CV-256-JMT; Ruling Date: 09/22/2017; Ruling Judge: James McClure, III; Disposition: The Motion for Writ of Certiorari filed by David Sidney Nichols, pro se is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.

John Ray Kidd v. State of Mississippi; Union Circuit Court; LC Case #: cv2014-189; Ruling Judge: John Gregory; Disposition: John Ray Kidd's Application for Leave to Proceed in the Trial Court for Evidentiary Hearing on Post-Conviction Claim of Newly Discovered Evidence is denied. To Deny and Issue Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam and Griffis, JJ. To Dismiss and Issue Sanctions Warning: Chamberlin and Ishee, 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.

John P. Alexander a/k/a John Peyton Alexander II a/k/a John Alexander a/k/a John Apple v. State of Mississippi; Sunflower Circuit Court; Ruling Judge: Margaret Carey-McCray; Disposition: The Petition for Writ of Habeas Corpus filed pro se by John P. Alexander is denied. To Deny and Issue Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Ishee and Griffis, JJ. To Dismiss and Issue Sanctions Warning: Chamberlin, J. 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.