04/07/2022 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W., P.J.
XX  2020-CA-00581-SCT

John I. Donaldson, County Prosecutor for Yazoo County, Mississippi v. Honorable Mary B. Cotton, County Court Judge/Youth Court Judge of Yazoo County; Yazoo Youth Court; LC Case #: 20-cv-00206; Ruling Date: 05/15/2020; Ruling Judge: Mary Cotton; Majority Opinion: Kitchens, P.J. Disposition: Vacated and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: King, P.J., Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur. Coleman, J., Dissents With Separate Written Opinion Joined by Randolph, C.J., and Beam, J. Dissenting Opinion: Coleman, J. Votes: Randolph, C.J., and Beam, J., Join This Opinion.

B. Michael Weber, M.D. and The Ob-Gyn Group of Laurel, P.A. v. Estate of Cameron Chase Hill, Deceased, by and through Jana C. Bracewell, Administratrix; Jones Circuit Court 2nd District; LC Case #: 34CI2:02-cv-00380; Ruling Date: 10/24/2019; Ruling Judge: Michael Ward; Disposition: The Motion for Rehearing filed by Appellants is denied. Coleman, Maxwell and Griffis, JJ., would grant. Randolph, C.J., not participating. Opinion modified at paragraphs 37 and 38.

Mississippi Farm Bureau Casualty Insurance Company v. Anthony Powell and Trent Craft; Simpson Circuit Court; LC Case #: 64CI1:18-cv-00235-SS; Ruling Date: 04/28/2020; Ruling Judge: Stanley Sorey; Majority Opinion: Randolph, C.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Beam and Ishee, JJ., Concur. Maxwell, J., Concurs in Result Only With Separate Written Opinion Joined by Chamberlin and Griffis, JJ.; Coleman, J., Joins in Part. Concur in Result Only Opinion: Maxwell, J. Votes: Chamberlin and Griffis, JJ., Join This Opinion. Coleman, J., Joins This Opinion in Part.

St. Dominic-Jackson Memorial Hospital v. April Newton and Travis Newton; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cv-00333-WLK; Ruling Date: 04/21/2020; Ruling Judge: Winston Kidd; Majority Opinion: Ishee, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ., Concur. Kitchens, P.J., Dissents With Separate Written Opinion Joined by King, P.J. Dissenting Opinion: Kitchens, P.J. Votes: King, P.J., Joins This Opinion.

Marlon Howell a/k/a Marlon LaTodd Howell a/k/a Marlon Cox v. State of Mississippi; Union Circuit Court; LC Case #: CV2016-120; Ruling Date: 07/02/2020; Ruling Judge: Andrew Howorth; Disposition: The Court finds that supplemental briefing is necessary. The Court directs the parties to brief the following issue: Whether the Court should overrule Rowland v. State, 42 So. 3d 503 (Miss. 2010), and any other case in which, and to the extent that, we have held the fundamental rights exception to the procedural bars may be applied to the three-year statute of limitations codified by the Legislature in the Uniform Post-Conviction Collateral Relief Act. The parties are required to file their supplemental briefs addressing the above question, which shall not exceed fifty pages. The supplemental brief of the Appellant shall be due within twenty days from the entry of the instant order. The Appellee's supplemental brief shall be due within fourteen days after the Appellant's brief is filed. Marlon Howell is invited to file a supplemental brief if he wishes and such shall be due within five days from the day the Appellee's supplemental brief is filed. No extensions of the above-established deadlines will be granted absent extraordinary circumstances. Agree: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Disagree: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 3/31/22.

Kenneth Peyton Bryant v. Jennifer Hart Bryant; DeSoto Chancery Court; LC Case #: 17CH1:15-cv-01037; Ruling Date: 07/29/2020; Ruling Judge: Vicki Daniels; Disposition: Appellant's Petition for Writ of Certiorari is granted. To Grant: Randolph, C.J., King, P.J., Coleman, Maxwell, Ishee and Griffis, JJ. To Deny: Kitchens, P.J., and Beam, J. Chamberlin, J., Not Participating. Order entered 4/4/22.

Patrick Newell a/k/a Patrick Latrelle Newell v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 17-cr-00070-1; Ruling Date: 03/03/2020; Ruling Judge: Dal Williamson; Disposition: Patrick Newell's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered 3/29/22.

Jeremy Thornhill v. Walker-Hill Environmental and Zurich American Insurance Company of Illinois; Marion Circuit Court; LC Case #: 46CI1:20-cv-00226-AM; Ruling Date: 09/11/2020; Ruling Judge: Anthony Mozingo; Disposition: Appellee Zurich American Insurance Company's Petition for Writ of Certiorari is granted. To Grant: Randolph, C.J., Kitchens and King, P.JJ., Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Coleman and Maxwell, JJ. Order entered 4/4/22.

The Mississippi Bar v. Robert W. Malone; Disposition: The Mississippi Bar's Motion for Reimbursement of Costs and Expenses is granted. Robert W. Malone is assessed all costs of this disciplinary proceeding including the sum of $360 to be paid within thirty days after the date of this decision. See the Court's decision handed down this date.

The Mississippi Bar v. Robert W. Malone; Majority Opinion: Kitchens, P.J. Disposition: Robert W. Malone is suspended from the practice of law in the State of Mississippi for two years upon entry of this decision. Malone shall reimburse the Mississippi Bar the sum of $360 to be paid within thirty days after the date of this decision. Robert W. Malone is taxed with costs. Votes: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.