04/02/2020 - Hand Down and published opinions in WordPerfect/ZIP format

Griffis, T. Kenneth, J.
X  2019-KA-00400-SCT

Kendrick Shelvy v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2018-13KR; Ruling Date: 02/22/2019; Ruling Judge: Tomika Irving; Majority Opinion: Griffis, J. Disposition: Affirmed. Jefferson County taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Mutual of Omaha Insurance Company v. Theresa Driskell; Smith Circuit Court; LC Case #: 2015-208; Ruling Date: 01/14/2019; Ruling Judge: Eddie Bowen; Majority Opinion: Maxwell, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Dr. Sandra Leal v. University of Southern Mississippi and Board of Trustees of State Institutions of Higher Learning; Forrest Circuit Court; LC Case #: CI15-0095&CI15-0187; Ruling Date: 11/06/2017; Ruling Judge: Robert Helfrich; Majority Opinion: Randolph, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: Uniform Rules of Youth Court Practice; Disposition: The Petition Seeking Relief from Time Standards Due to Emergency Conditions Related to Coronavirus (COVID-19) Pandemic is denied. Order entered 3/26/20.

In Re: Mississippi Rules of Criminal Procedure; Disposition: The Joint Motion for Partial Temporary Suspension of Rule l.8(c) of the Mississippi Rules of Criminal Procedure filed by the Attorney General for the State of Mississippi and the State Public Defender is hereby granted in part. Rule I.8(c) of the Mississippi Rules of Criminal Procedure shall be temporarily suspended, until further order of the Court, with respect to its prohibition on "[a]ppearance by interactive audiovisual equipment" in the context of a "probation violation hearing" and "any felony ... sentencing." To the extent that Rule 1.8(c) is temporarily suspended, the Court also temporarily suspends Rule 10.1(b)(2)(A) of the Mississippi Rules of Criminal Procedure, and its prohibition on a defendant's waiver of the right to be present "during the imposition of his/her sentence in a felony case[,]" until further Order of the Court. The following requirements for the use of "interactive audiovisual equipment" shall remain in effect in such proceedings: (1) a full record of the proceedings shall be made, which may include an electronic recording (digitally or on tape); (2) the court shall determine that the defendant knowingly, intelligently, and voluntarily agrees to appear at the proceeding by interactive audiovisual means; and (3) provisions shall be made to allow for confidential communications between the defendant and counsel before and during the proceeding. This order does not suspend any requirement for defense counsel to participate in such proceedings, but such may include their remote participation via the use of interactive audiovisual equipment. Order entered 3/26/20.

Stephen Virgil McGilberry a/k/a Stephen McGilberry v. State of Mississippi; Jackson Circuit Court; LC Case #: 1994-10,614(1); Ruling Date: 04/25/2017; Ruling Judge: Robert Krebs; Disposition: The Motion for Rehearing filed by counsel for the Appellant is denied. Kitchens and King, P.JJ., and Coleman, J., would grant. Ishee, J., not participating.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: The Petition Seeking Relief from Time Standards Due to Emergency Conditions Related to Coronavirus (COVID-19) Pandemic is denied. Order entered 3/26/20.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: En banc order denying Rule 27(f) Application for Emergency Administrative Order or Other Relief (Motion No. 2020-964). Order entered 3/26/20.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: The Joint Motion for Partial Temporary Suspension of Rule l.8(c) of the Mississippi Rules of Criminal Procedure filed by the Attorney General for the State of Mississippi and the State Public Defender is hereby granted in part. Rule I.8(c) of the Mississippi Rules of Criminal Procedure shall be temporarily suspended, until further order of the Court, with respect to its prohibition on "[a]ppearance by interactive audiovisual equipment" in the context of a "probation violation hearing" and "any felony ... sentencing." To the extent that Rule 1.8(c) is temporarily suspended, the Court also temporarily suspends Rule 10.1(b)(2)(A) of the Mississippi Rules of Criminal Procedure, and its prohibition on a defendant's waiver of the right to be present "during the imposition of his/her sentence in a felony case[,]" until further Order of the Court. The following requirements for the use of "interactive audiovisual equipment" shall remain in effect in such proceedings: (1) a full record of the proceedings shall be made, which may include an electronic recording (digitally or on tape); (2) the court shall determine that the defendant knowingly, intelligently, and voluntarily agrees to appear at the proceeding by interactive audiovisual means; and (3) provisions shall be made to allow for confidential communications between the defendant and counsel before and during the proceeding. This order does not suspend any requirement for defense counsel to participate in such proceedings, but such may include their remote participation via the use of interactive audiovisual equipment. Order entered 3/26/20.