04/20/2017 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
  2016-KA-00890-SCT

Kenderrick Phillips v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2014-080-CR2; Ruling Date: 06/16/2016; Ruling Judge: Albert Smith, III; Majority Opinion: King, J. Disposition: Per Curiam Affirmance. Bolivar County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Brandon Smith and Kimberly Wolfe Smith v. Milton Martin and Geneva Martin; Yazoo Chancery Court; LC Case #: 11-0225; Ruling Date: 05/16/2013; Ruling Judge: Janace Goree; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Deliah Colyer, as Natural Mother and Next Friend of Marshuan Braxton, Deceased, and on behalf of all Wrongful Death Beneficiaries of Marshuan Braxton, Deceased v. First United Methodist Church of New Albany and John Does 1-15; Union Circuit Court; LC Case #: CV-2011-213-U; Ruling Date: 09/22/2014; Ruling Judge: Robert Elliott; Disposition: The Motion to Dismiss Appeal is granted in part and denied in part. The Petition for Writ of Certiorari is dismissed without prejudice to the Church's right to seek enforcement of the settlement in the trial court. All Justices Agree. Order entered.

Douglas Michael Long, Jr. v. David J. Vitkauskas; DeSoto Circuit Court; LC Case #: cv2014-057RCD; Ruling Date: 10/09/2014; Ruling Judge: Robert Chamberlin; Disposition: The Petition for Writ of Certiorari filed by Douglas Michael Long, Jr., is granted. To Grant: Waller, C.J., Randolph, P.J., Kitchens, King, Coleman and Beam, JJ. To Deny: Dickinson, P.J., and Maxwell, J. Not Participating: Chamberlin, J. Order entered.

A. Randall Harris v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-1-694; Ruling Date: 08/04/2015; Ruling Judge: Jeff Weill, Sr.; Disposition: The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant. Waller, C.J., not participating.

Ryan Savinell a/k/a Ryan Anthony Savinell v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2015-100RCD; Ruling Date: 06/05/2015; Ruling Judge: Robert Chamberlin; Disposition: The Petition for Writ of Certiorari filed by Ryan Savinell is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Chamberlin, J. Order entered.

Victor Sims a/k/a Victor L. Sims a/k/a Victor Lavino Sims v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2014-0256-KR2A; Ruling Date: 06/24/2015; Ruling Judge: Dal Williamson; Disposition: The Petition for Writ of Certiorari filed pro se by Victor Sims is denied. To Deny: All Justices. Order entered.

The Mississippi Bar v. Yvonne L. Hughes; Disposition: The Mississippi Bar shall show cause in writing, if any it can, why the Formal Complaint should not be dismissed without prejudice due to insufficient service of process under Mississippi Rule of Discipline 16. The Bar shall show cause, if any it can, why Yvonne L. Hughes has not been suspended for nonpayment of Mississippi bar enrollment fees. See Miss. Code Ann. § 73-3-127 (Rev. 2012). The Mississippi Bar's response shall be filed within fourteen days of the entry of this order. Order entered 4/12/17.

Mississippi Commission on Judicial Performance v. Judge Keith Stokes Roberts; LC Case #: 2014-347; Ruling Date: 06/14/2016; Ruling Judge: James Roberts, Jr.; Disposition: The Motion to Withdraw as Counsel of Record filed by Andrew J. Kilpatrick, Jr., is granted. Order entered.

Mississippi Commission on Judicial Performance v. Judge Keith Stokes Roberts; LC Case #: 2014-347; Ruling Date: 06/14/2016; Ruling Judge: James Roberts, Jr.; Majority Opinion: King, J. Disposition: Montgomery County Justice Court Judge Keith Stokes Roberts shall be publicly reprimanded, fined $3,000, and assessed costs of $2,381.34. The public reprimand shall be read in open court by the presiding judge of the Montgomery 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 this Court's mandate, with Judge Roberts in attendance. Judge Keith Stokes Roberts is taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., and Kitchens, J., Concur. Maxwell, J., Concurs in Part and in Result without Separate Written Opinion. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Coleman and Beam, JJ.; Maxwell, J. Joins in Part. Chamberlin, J., not participating. Dissenting Opinion: Dickinson, P.J. Votes: Coleman and Beam, JJ., Join This Opinion. Maxwell, J., Joins This Opinion in Part.

Mississippi Commission on Judicial Performance v. Charles L. Vess; LC Case #: 2016-035; Ruling Date: 06/30/2016; Ruling Judge: James Roberts, Jr.; Disposition: The Motion for Approval of Recommendation filed by Petitioner is granted. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Charles L. Vess; LC Case #: 2016-035; Ruling Date: 06/30/2016; Ruling Judge: James Roberts, Jr.; Majority Opinion: Randolph, P.J. Disposition: Adams County Justice Court Judge Charles L. Vess shall be suspended from office for a period of Thirty (30) days without pay, effective on the date of issuance of this Court's mandate, publicly reprimanded, fined $1,100, and assessed costs of $200. The public reprimand shall be read in open court by the presiding judge of the Adams 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 this Court's mandate, with Judge Vess in attendance. Judge Charles Vess is taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, Coleman, Maxwell and Beam, JJ., Concur. King, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Chamberlin, J., not participating. Concurring in Part and Dissenting in Part Opinion: King, J.

The Mississippi Bar v. David E. Hudgens; Disposition: David E. Hudgens is hereby disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of disbarment in this cause. Order entered.

The Mississippi Bar v. David E. Hudgens; Majority Opinion: King, J. Disposition: David E. Hudgens is disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of disbarment in this cause. David E. Hudgens is taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.