04/14/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2015-CA-00260-SCT

William Burgess, Derivatively on behalf of BancorpSouth, Inc. v. Aubrey B. Patterson, Hassell H. Franklin, James Virgil Kelley, Turner O. Lashlee, Robert C. Nolan, Alan W. Perry, James E. Campbell, III, Wilbert G. Holliman, Jr., Larry G. Kirk, Guy W. Mitchell, III, William Cal Partee, Jr., Warren A. Hood, Jr., William L. Prater, Gregg Cowsert and BancorpSouth, Inc.; Lee Circuit Court; LC Case #: CV11-151(PF)(L); Ruling Date: 12/30/2014; Ruling Judge: William Barnett; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., King and Coleman, JJ., Concur. Randolph, P.J., Lamar, Maxwell and Beam, JJ., not participating.

Marshall Graves a/k/a Marshall P. Graves a/k/a Marshall Phellix Graves v. State of Mississippi; Lamar Circuit Court; LC Case #: K2011-305H; Ruling Date: 03/07/2014; Ruling Judge: Prentiss Harrell; Majority Opinion: Randolph, P.J. Disposition: The motion for rehearing is granted. The previous opinion of this Court is withdrawn, and the following opinion is substituted therefor. Count I: Conviction of Fondling and Sentence of Fifteen (15) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Fondling and Sentence of Fifteen (15) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Sexual Battery and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts I, II, and III shall run concurrently under § 99-19-81, with conditions. Appellant shall pay a fine in the amount of $2,500, pay an assessment in the amount of $3,500 to Lamar County for the Public Defenders Fund, pay all court costs, and pay $1,660 to ADAPTS Electronic Monitoring. Appellant is to have no contact with the victim or her family, and should the Appellant be released he is required to register as a sex offender. Appellant shall be given credit for time served in the county jail, if applicable, as allowed by law. Lamar County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Charles Robinson, M.D. v. Regina A. Corr; Harrison Circuit Court 1st District; LC Case #: A2401-2000-176; Ruling Date: 10/01/2014; Ruling Judge: Lisa Dodson; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Charles Bester v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2012-91-CV9; Ruling Date: 09/26/2012; Ruling Judge: Billy Landrum; Majority Opinion: Lamar, J. Disposition: Affirmed. Jones County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Coleman and Beam, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by Waller, C.J., and King, J. King, J., Dissents with Separate Written Opinion Joined by Waller, C.J., and Kitchens, J. Maxwell, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Waller, C.J., and King, J., Join This Opinion. Dissenting Opinion: King, J. Votes: Waller, C.J., and Kitchens, J., Join This Opinion.

Leta D. Collins v. Kenneth J. Collins; Madison Chancery Court; LC Case #: 2011-79(B); Ruling Date: 08/26/2013; Ruling Judge: Cynthia Brewer; Disposition: The Petition for Writ of Certiorari filed by Leta D. Collins is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Marshall Graves a/k/a Marshall P. Graves a/k/a Marshall Phellix Graves v. State of Mississippi; Lamar Circuit Court; LC Case #: K2011-305H; Ruling Date: 03/07/2014; Ruling Judge: Prentiss Harrell; Disposition: The motion for rehearing filed by Marshall Graves is granted. The previous opinion of this Court is withdrawn, and the following opinion is substituted therefor. Affirmed. See opinion of this Court handed down this date.

Erika L. Felter v. Floorserv, Inc., and The Employers Fire Insurance Company (One Beacon Insurance); LC Case #: 0701145-J-6792; Ruling Date: 06/20/2014; Disposition: The Petition for Writ of Certiorari and Motion for Trial by Jury filed by Erika L. Felter is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

City of Tupelo, Mississippi v. Terry Y. McMillin, M.D. and Leslie Susan McMillin; Lee Circuit Court; LC Case #: CV11-218(P)(L); Ruling Date: 08/28/2014; Ruling Judge: James Pounds; Majority Opinion: Coleman, J. Disposition: On Direct Appeal: Reversed and Rendered. On Cross-Appeal: Affirmed. Appellant and Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., and Beam, J., Concur. Randolph, P.J., Lamar and Maxwell, JJ., Concur in Part and in Result without Separate Written Opinion. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

City of Tchula, Mississippi and City of Port Gibson, Mississippi v. Mississippi Public Service Commission and Mississippi River Gas, LLC; LC Case #: 2013-UN-104; Ruling Date: 09/09/2014; Consolidated with 2014-UR-01447-SCT City of Port Gibson, Mississippi v. Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-104; Ruling Date: 09/09/2014; ; Disposition: The Motion for Rehearing filed by Mississippi Public Service Commission is denied. Not Participating: Maxwell, J.

City of Port Gibson, Mississippi v. Mississippi Public Service Commission; Public Service Commission; LC Case #: 2013-UN-104; Ruling Date: 09/09/2014; Disposition: The Motion for Rehearing filed by Mississippi Public Service Commission is denied. Not Participating: Maxwell, J.

Mississippi Commission on Judicial Performance v. Judge David Shoemake; LC Case #: 2013-083; Ruling Date: 06/25/2015; Ruling Judge: Lee Howard; Disposition: The Motion to Strike Commission Response to Amicus Curiae Brief is granted, and further that both the Amicus Curiae Brief and the Commission's response to that brief are hereby struck from the records of this Court. Disagrees: Coleman, J. Order entered on 4/11/16.

Mississippi Commission on Judicial Performance v. Judge David Shoemake; LC Case #: 2013-083; Ruling Date: 06/25/2015; Ruling Judge: Lee Howard; Disposition: The Respondent's Motion to Amend the Order of Argument under Mississippi Rule of Appellate Procedure 34(e) is denied as moot. The Court heard argument on the case on December 8, 2015. Order entered on 4/11/16.

Mississippi Commission on Judicial Performance v. Judge David Shoemake; LC Case #: 2013-083; Ruling Date: 06/25/2015; Ruling Judge: Lee Howard; Disposition: The Respondent's Joinder and Motion to Strike Response to Amicus Curiae Brief is dismissed as moot. Order entered on 4/11/16.

Mississippi Commission on Judicial Performance v. Judge David Shoemake; LC Case #: 2013-083; Ruling Date: 06/25/2015; Ruling Judge: Lee Howard; Majority Opinion: Coleman, J. Disposition: Judge David Shoemake, of the Thirteenth Chancery District, shall be suspended from office for a period of Thirty (30) days without pay, effective on the date of the issuance of the Court's Mandate, publicly reprimanded, fined $2,500, and assessed costs of $5,882.67. The public reprimand shall be read in open court by the presiding judge of the Simpson County Circuit Court on the first day of the next term of that court in which a jury venire is present after the issuance of the Court's mandate, with Judge Shoemake in attendance. Judge David Shoemake is taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar and Maxwell, JJ., Concur. Randolph, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion. King, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Kitchens, J. Beam, J., not participating. Concurring in Part and Dissenting in Part Opinion: Randolph, P.J. Concurring in Part and Dissenting in Part Opinion: King, J. Votes: Kitchens, J., Joins This Opinion.

Justin Underwood a/k/a Justin H. Underwood v. State of Mississippi; Madison Circuit Court; LC Case #: 2246; Ruling Date: 05/25/1995; Ruling Judge: William Chapman, III; Disposition: The Motion for Appointment of Counsel is remanded to the trial court for determination. The Motion for Circuit Court Jurisdiction over Discovery Matters is dismissed as not being properly before the Court. Order entered on 4/06/16.