Supreme Court of MississippiHand Down List
March 28, 2019
03/28/2019 - Hand Down and published opinions in WordPerfect/ZIP format
EN BANC
2015-DR-00591-SCT
Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: The State of Mississippi's Emergency Motion to Stay Preliminary Post-Conviction Proceeding is granted in part and dismissed in part as moot. Briefing of Curtis Flowers's Petition for Post-Conviction Relief in this Court is stayed pending the United States Supreme Court's decision in Flowers v. Mississippi, No. 17-9572, 2018 WL 3159779 (U.S. filed June 22, 2018). To Grant In Part and Dismiss In Part: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: King, P.J., Ishee and Griffis, JJ. Order entered.
EN BANC
2015-DR-00591-SCT
Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: The State of Mississippi's Motion for Leave to File Reply in Support of Emergency Motion to Stay Preliminary Post-Conviction Proceeding is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Ishee, J. Order entered.
EN BANC
2015-DR-00591-SCT
Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: Curtis Giovanni Flowers's Motion for Leave to Supplement Petitioner's Response to the State of Mississippi's Emergency Motion to Stay Preliminary Post-Conviction Proceeding is granted in part to the extent that it informs the Court of the circuit court's order. Flowers is directed to refile his proposed documents as independent documents consistent with Mississippi Electronic Courts Administrative Procedure Section 3A3. Curtis Giovanni Flowers's Motion for Leave to Supplement Petitioner's Response to the State of Mississippi's Emergency Motion to Stay Preliminary Post-Conviction Proceeding is denied to the extent that it asks for review of or relief from the circuit court's order. To Grant In Part and Deny In Part: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: King, P.J., Ishee and Griffis, JJ. Order entered.
EN BANC
2015-DR-00591-SCT
Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: The State of Mississippi's Motion to Strike Motion for Leave to Supplement Petitioner's Response to the State of Mississippi's Emergency Motion to Stay Preliminary Post-Conviction Proceeding is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Ishee, J. Order entered.
EN BANC
XXX 2017-CA-00158-SCT
John M. Barham, Jr., Marsha B. Price, Gregory P. Brady, William J. Ross, James E. Gunn a/k/a Ed Gunn and Douglas J. Gunn v. Mississippi Power Company; Kemper Chancery Court; LC Case #: 2013-0042 & 2013-0118; Ruling Date: 02/09/2017; Ruling Judge: Edward Fenwick; Majority Opinion: Randolph, C.J. Disposition: Affirmed. Appellants are taxed with costs of appeal. Votes: Maxwell, Beam, Ishee and Griffis, JJ., Concur. Kitchens, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by King, P.J.; Coleman and Chamberlin, JJ., Join In Part. Chamberlin, J., Dissents with Separate Written Opinion Joined by Coleman, J.; Kitchens and King, P.JJ., Join In Part. Concurring in Part and Dissenting in Part Opinion: Kitchens, P.J. Votes: King, P.J., Joins This Opinion. Coleman and Chamberlin, JJ., Join This Opinion in Part. Dissenting Opinion: Chamberlin, J. Votes: Coleman, J., Joins This Opinion. Kitchens and King, P.JJ., Join This Opinion in Part.
EN BANC
2017-DR-01385-SCT
Timothy Nelson Evans a/k/a Timothy N. Evans a/k/a Timothy Evans a/k/a Tim Evans v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-0013; Ruling Date: 08/23/2013; Ruling Judge: Lisa Dodson; Disposition: The Motion for Leave to Supplement the Motion for Post-Conviction Relief filed by Timothy Nelson Evans is granted. The Proposed Petition for Post-Conviction Relief, which is attached to the motion, is accepted as filed. To Grant: All Justices. Order entered.
EN BANC
2017-DR-01385-SCT
Timothy Nelson Evans a/k/a Timothy N. Evans a/k/a Timothy Evans a/k/a Tim Evans v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-0013; Ruling Date: 08/23/2013; Ruling Judge: Lisa Dodson; Disposition: The pleading styled Dismissal of Post-Conviction Relief filed by Timothy Nelson Evans, pro se is denied. To Deny: All Justices. Order entered.
EN BANC
2017-M-01735
In Re: Timothy Allen McCoy a/k/a Timothy McCoy; Newton Circuit Court; LC Case #: 13-CR-006NW6; Ruling Judge: Christopher Collins; Disposition: Timothy Allen McCoy's Petition for Post-Conviction Relief is dismissed. The Motion to Compel Production of All Evidence and the attached Petition for a Writ of Mandamus are denied. To Dismiss Petition and Issue Sanctions Warning: Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny Petition and Issue Sanctions Warning: Randolph, C.J., Coleman and Griffis, JJ. To Dismiss: Kitchens and King, JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. To Deny Motion to Compel Production of All Evidence and the attached Petition for a Writ of Mandamus: All Justices Agree. Order entered.