04/28/2022 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W., P.J.
XXX  2020-CA-00318-SCT

The City of Jackson, Mississippi v. Melanie Johnson and Pamela Harrion, Individually as Next Friends of Monica Harrion, Karla Lewis, Samuel Harrion, Jr. and Angela Harrion, Collectively being the Wrongful Death Beneficiaries of Ruth Helen Harrion; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cv-00259-AHW; Ruling Date: 02/26/2020; Ruling Judge: Adrienne Hooper-Wooten; Majority Opinion: Kitchens, P.J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and Appellees taxed with costs of appeal. Votes: King, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Randolph, C.J., Specially Concurs With Separate Written Opinion Joined in Part by Maxwell, Chamberlin, Ishee and Griffis, JJ. Griffis, J., Specially Concurs With Separate Written Opinion. Specially Concurring Opinion: Randolph, C.J. Votes: Maxwell, Chamberlin, Ishee and Griffis, JJ., Join This Opinion in Part. Specially Concurring Opinion: Griffis, J.

James Cobb Hutto, III a/k/a James C. Hutto III a/k/a James C. Hutto a/k/a James Hutto III a/k/a James Hutto a/k/a Jamie Hutto a/k/a The Hitman a/k/a James Cobb Hutto v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 11-5005; Ruling Date: 05/28/2013; Ruling Judge: William Gowan, Jr.; Disposition: James Cobb Hutto's Motion for Leave to File Rebuttal to Opposition to Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is granted. The State's Motion for Leave to File Surrebuttal in Opposition to Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is granted. Hutto's Motion for Appointment of Counsel for Representation for Successive Petition for Post-Conviction Relief is remanded to the Circuit Court of Hinds County for the court to take the following actions: a. Transport Hutto to the Circuit Court of Hinds County and have him make, with federal counsel present, an on the record statement under oath as to whether he wishes to proceed with a successive petition; b. If his answer is in the negative, the circuit court should enter an order to that effect, forward said order to this court, and take no further action; c. But if Hutto's answer is in the affirmative, the circuit court shall appoint Caroline K. Ivanov and Elizabeth Franklin-Best, or such other counsel as the trial court deems appropriate, to pursue a successive petition for post-conviction relief in the Mississippi Supreme Court; d. If Hutto's answer is in the affirmative, and after counsel is appointed, the successive application for leave to seek a motion for post-conviction relief shall be filed with the Mississippi Supreme Court within sixty days of the circuit court's order. Once the petition is filed, the State's response is due within thirty days. Once the State's response is filed, Hutto's reply is due within thirty days. All Justices Agree. Order entered 4/19/22.

Raymond J. Greer a/k/a Raymond Joseph Greer, Sr. a/k/a Rusty Greer a/k/a Raymond Joseph Greer a/k/a Raymond Greer, Jr. v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-98-0047; Ruling Date: 03/06/2020; Ruling Judge: Roger Clark; Disposition: Raymond Greer's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 4/19/22.

In the Matter of the Estate of Lester Randle, Deceased: Tumika Randle Webber and Sylvester Randle v. Dorothy Meeks Randle; Leflore Chancery Court; LC Case #: 42CH1:18-pr-00028; Ruling Date: 01/24/2020; Ruling Judge: Watosa Sanders; Disposition: Petition for Writ of Certiorari filed by Appellants Tumika Randle Webber and Sylvester Randle is granted. To Grant: Kitchens and King, P.JJ., Chamberlin and Griffis, JJ. To Deny: Randolph, C.J., Coleman, Maxwell, Beam and Ishee, JJ. Order entered 4/20/22.

Justin McPhail v. Collette E. McPhail; Grenada Chancery Court; LC Case #: 22CH1:12-cv-00132; Ruling Date: 02/24/2021; Ruling Judge: Percy Lynchard, Jr.; Disposition: Justin McPhail's Motion Pursuant to Rule 8 and Rule 27 of the Rules of Appellate Procedure is hereby denied. This matter is remanded to the chancery court of Grenada County for an adjudication of Justin's request for release on bond pending appeal in light of his child support payment subsequent to the February 24, 2022 denial of his prior motion. Should the request for bond be denied, the chancery court shall specifically state in a written order (a) the reasons for denial (b) the additional steps necessary for Justin to purge himself of his contempt including, but not limited to, specific directives regarding any psychological examinations required by the court as well as a procedure for Justin to be transported to said examinations should he agree to attend and (c) such other matters as the trial court deems necessary to be considered by this Court. All Justices Agree. Order entered 4/19/22.

HL&C Marion, LLC v. DIMA Homes, Inc.; Marion Chancery Court; LC Case #: 46CH1:19-cv-00071-G; Ruling Date: 03/31/2020; Ruling Judge: Deborah Gambrell; Disposition: Petition for Writ of Certiorari filed by HL&C Marion, LLC, is granted. To Grant: Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin and Ishee, JJ. Not Participating: Randolph, C.J., Beam and Griffis, JJ. Order entered 4/22/22.

Jabrien Williams a/k/a Jabrien Duwan Williams a/k/a Jabrien D. Williams v. State of Mississippi; Madison Circuit Court; LC Case #: 19-cr-00430-JA; Ruling Date: 06/16/2020; Ruling Judge: Dewey Arthur; Disposition: The motion for rehearing filed by the appellant is denied.

Akecheta Morningstar v. Perkins Law Firm, Felecia Perkins, and Jessica Ayers; Hinds Circuit Court 1st District; LC Case #: 25CI1:20-cv-00456; Ruling Date: 10/08/2020; Ruling Judge: David Chandler; Disposition: Akecheta Morningstar's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 4/19/22.

Jonathan Graham Embrey v. Maria Young; Tate Chancery Court; LC Case #: 69CH1:18-cv-00309; Ruling Date: 01/04/2021; Ruling Judge: Vicki Daniels; Disposition: Jonathan Graham Embrey's Appellant's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 4/20/22