05/26/2022 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D., J.
X  2021-KA-00082-SCT

John Henry Webb a/k/a John Henry Zachariah Webb a/k/a John Webb a/k/a John H. Webb v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2018-0803 CW1; Ruling Date: 12/18/2020; Ruling Judge: Celeste Wilson; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In The Matter of The Estate of Frankie Don Ware, Deceased: Carolyn Ware, As Executrix of The Estate of Don Ware, Deceased; Carolyn Ware, Individually as Shareholder, Director and Officer of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc.; Dana Carol Ware and Angela Ware Mohr, Individually and as Trustees of The Frankie Ware Family Trust and Marital Trust v. Richard Ware, Melisa Ware, Legacy Capital, A Foreign Limited Liability Company, Charles D. "Chip" Porter, Derek Henderson, Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc. and Richard Don Ware, Individually, As An Officer and Shareholder of Ware Milling, Inc., Chickasaw Grain Transportation, Inc., Chickasaw Farm Services, Inc., and Ware Construction, Inc., as Beneficiary of The Estate of Frankie Don Ware, and as Trustee of Frankie Don Ware Family Trust, and Melisa Ware, Individually, and as Officer and Shareholder v. Carolyn Ware and The Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc.; Chickasaw Chancery Court 1st District; LC Case #: 2011-1212-JNS; Ruling Date: 01/15/2020; Ruling Judge: Joseph Studdard; Consolidated with 2020-CA-00706-SCT In the Matter of the Estate of Frankie Don Ware, Deceased: Carolyn Ware, Executrix, Co-Trustee, Beneficiary, Shareholder, Officer and Director v. Richard Ware, Melisa Ware, Legacy Capital, a Foreign Limited Liability Company, Charles D. Porter, Derek Henderson, Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc. and Ware Construction, Inc. AND Dana Carol Ware and Angela Ware Mohr v. Charles D." Chip" Porter, Derek Henderson, Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc. and Ware Construction, Inc. AND Richard Don Ware and Melisa Ware v. Carolyn Ware and the Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc.; Chickasaw Chancery Court 1st District; LC Case #: 2017-1116JNS; Ruling Date: 01/15/2020; Ruling Judge: Joseph Studdard; Consolidated with 2016-CA-00288-SCT The Matter of the Estate of Frankie Don Ware, Deceased: Carolyn Ware, Executrix v. Richard Ware; Chickasaw Chancery Court 1st District; LC Case #: 2011-1212-KMB; Ruling Date: 12/28/2015; Ruling Judge: Kenneth Burns; Consolidated with 2016-CA-01589-SCT In the Matter of the Estate of Frankie Don Ware, Deceased: Carolyn Ware, as Executrix of the Estate of Frankie Don Ware v. Richard Ware; Chickasaw Chancery Court 1st District; LC Case #: 2011-1212-KMB; Ruling Date: 10/11/2016; Ruling Judge: Kenneth Burns; Majority Opinion: King, P.J. Disposition: As to No. 2020-CA-00702-SCT: On Direct Appeal: Affirmed in Part, Reversed in Part, and Remanded. On Cross-Appeal: Affirmed in Part; Dismissed as Moot in Part. As to 2020-CA-00706-SCT: On Direct Appeal: Affirmed in Part, Reversed in Part, and Remanded. On Cross-Appeal: Affirmed in Part; Dismissed as Moot in Part. Appellants and Appellees taxed with costs of appeal. Votes: Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur. Randolph, C.J., not participating.

Blayde Grayson a/k/a Blayde N. Grayson a/k/a Blayde Nathaniel Grayson a/k/a Blayde N. Amodeo v. State of Mississippi; George Circuit Court; LC Case #: 20CI1:96-cr-10032-KJ; Ruling Date: 08/08/1997; Ruling Judge: Kathy Jackson; Disposition: Blayde Grayson's pro se Motion to Carry Out Execution Forthwith is dismissed. Agree: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. Ishee, J., Not Participating. Order entered 5/20/22.

Danny R. Sims v. Daniel Sims and Mary Kathleen Sims; Madison Chancery Court; LC Case #: 45CH1:18-cv-00113; Ruling Date: 10/21/2019; Ruling Judge: Cynthia Brewer; Disposition: Petition for a Writ of Certiorari filed by Danny R. Sims is denied. To Deny: King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Not Participating: Randolph, C.J., and Kitchens, P.J. Order entered 5/17/22.

Sherry Westmoreland v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK18-388B; Ruling Date: 11/08/2019; Ruling Judge: John Gregory; Disposition: Petition for Writ of Certiorari filed by Sherry Westmoreland is denied. To Deny: All Justices. Order entered 5/23/22.

Bobby E. Wilson, Jr. a/k/a Bobby Wilson, Jr. a/k/a Bobby E. Wilson a/k/a Bobby Earl Wilson v. State of Mississippi; Warren Circuit Court; LC Case #: 75CI1:20-cv-00035; Ruling Date: 07/08/2020; Ruling Judge: M. Chaney, Jr.; Disposition: Bobby E. Wilson, Jr.'s Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered 5/18/22.

Eduardo A. Flechas v. The Mississippi Bar; LC Case #: 2021-B-00266; Ruling Date: 07/22/2021; Disposition: The Mississippi Bar's Motion to Accept the Irrevocable Resignation of Eduardo A. Flechas is granted. Eduardo A. Flechas's license to practice law in the State of Mississippi is permanently revoked. This disciplinary appeal is finally dismissed. Costs of this proceeding are assessed to Eduardo A. Flechas. Chamberlin, J., for the Court. All Justices Agree. Order entered 5/24/22.

In Re: Hon. James McClure, III and Hon. Gerald W. Chatham, Sr.; DeSoto Circuit Court; LC Case #: x; Ruling Judge: Gerald Chatham, Sr.; Disposition: The Petition for Writ of Prohibition filed by Circuit Court Judges James McClure, III, and Gerald W. Chatham, Sr., shall be treated as a petition for interlocutory appeal pursuant to M.R.A.P. 5, permission to appeal shall be granted, and all judges of the Circuit Court of the Seventeenth Judicial District are hereby directed to appear before Mississippi Judicial College Director Randy G. Pierce for a conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the Court, including settlement. All judges of the Circuit Court of the Seventeenth Judicial District shall contact Mississippi Judicial College Director Randy G. Pierce within seven (7) days of the entry of this Order to schedule the conference at such time as is convenient for Pierce and all judges of the Circuit Court of the Seventeenth Judicial District. Thereafter, the Court shall be notified of the date, time and location of the conference. Following the conference, Mississippi Judicial College Director Randy G. Pierce shall report to the Court the actions(s) taken at the conference and the agreements made as to any of the matters considered. To Agree: Randolph, C.J., Kitchens and King, P.JJ., Beam, Ishee and Griffis, JJ. Not Participating: Coleman, Maxwell and Chamberlin, JJ. Order entered 5/18/22.