06/01/2023 - Hand Down and published opinions in WordPerfect/ZIP format

Griffis, T. Kenneth, J.
X  2021-CP-01411-SCT

George W. Healy, IV and George W. Healy, IV & Associates, PLLC v. AT&T Services, Inc.; Harrison Chancery Court 1st District; LC Case #: 24CH1:19-cv-00220; Ruling Date: 12/17/2021; Ruling Judge: Michael Ward; Majority Opinion: Griffis, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Jane Doe v. Adams County Department of Child Protection Services, by Marcus D. Davenport, and Karen Doe, a Minor, by and through His Next Friend, Marcus D. Davenport and John Doe; Adams Youth Court; LC Case #: 21-CV-0310; Ruling Date: 12/03/2021; Ruling Judge: Walter Brown; Majority Opinion: Griffis, J. Disposition: Affirmed. Adams County Department of Child Protection Services taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Alpha Management Corporation v. Betty Harris, Individually, and Betty Harris on Behalf of All the Wrongful Death Beneficiaries of John Harris, Deceased and Kevin Gooden; Hinds Circuit Court 1st District; LC Case #: 25CI1:21-cv-00752-AHW; Ruling Date: 03/29/2022; Ruling Judge: Adrienne Hooper-Wooten; Consolidated with 2022-IA-00355-SCT Community Park Apartments, Inc. and Alpha Management Corporation v. Betty Harris, Individually, and Betty Harris on Behalf of All the Wrongful Death Beneficiaries of John Harris, Deceased and Kevin Gooden; Hinds Circuit Court 1st District; LC Case #: 25CI1:21-cv-00752-AHW; Ruling Date: 03/29/2022; Ruling Judge: Adrienne Hooper-Wooten; Majority Opinion: Maxwell, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Beam, Chamberlin and Ishee, JJ., Concur. Coleman, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined in Part by Griffis, J. Griffis, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined in Part by Coleman, J. Concurring in Part and Dissenting in Part Opinion: Coleman, J. Votes: Griffis, J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Coleman, J., Joins This Opinion in Part.

The Board of Supervisors for Lowndes County, Mississippi, Harry Sanders, Trip Hairston, John Holliman, Jeff Smith and Leroy Brooks, In Their Official Capacities as Members Thereof v. Lowndes County School District by and through The Lowndes County School Board, Robert Barksdale, Jane Kilgore, Wesley Barrett, Brian Clark, and Jacqueline Gray, In Their Official Capacities as Members Thereof; Lowndes Chancery Court; LC Case #: 44CH1:20-cv-00456-RPF; Ruling Date: 08/06/2021; Ruling Judge: Rodney Faver; Majority Opinion: Randolph, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur. King, P.J., Concurs in Result Only With Separate Written Opinion Joined by Kitchens, P.J. Concur in Result Only Opinion: King, P.J. Votes: Kitchens, P.J., Joins This Opinion.

Martezzarien Welch a/k/a Martezzerien Welch v. State of Mississippi; Copiah Circuit Court; LC Case #: 21-cr-00037-THI-1; Ruling Date: 04/07/2022; Ruling Judge: Tomika Irving; Majority Opinion: Randolph, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: Advisory Committee on Rules; Disposition: On the nomination by the Mississippi Defense Lawyers Association, Nicholas K. Thompson is appointed as a member of the Supreme Court of Mississippi Advisory Committee on Rules effective June 1, 2023, and for the balance of a three-year term which expires on December 31, 2024. All Justices Agree. Order entered 5/26/23.

Rules for Court Reporters; Disposition: Order appointing Theresa Lumley and reappointing Hon. David B. Strong, Huey Bang, and Jerry D. Sharp as members of the Board of Certified Court Reporters for two-year terms from July 1, 2023, through June 30, 2025. All Justices Agree. Order entered 5/26/23.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Disposition: Before the en banc Court are (1) Stephen E. Powers's Notice of Intent to Supplement/Amend Post-Conviction Petition; Motion to Stay; and Motion to Compel Disclosure of Documents and Information/Inventory of Preserved Biological Evidence; (2) the State of Mississippi's Response in Opposition; (3) Powers's Supplement to March 7, 2022 Notice/Motion Based on Newly Disclosed Documents from the Mississippi Crime Lab and (4) his Motion for Leave to File Reply Brief, with an attached Reply in Support of Notice and Motion to Stay and Compel Disclosure. The motion to stay is denied. The motion to compel disclosure is granted in part as stated in the order. The motion for leave to file a reply is granted. Consistent with Section 3(A)(3) of the Mississippi Appellate E-Filing Administrative Procedures, Powers must electronically refile his proposed reply as an independent document. Agree: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. Agree in Part: Kitchens, P.J., and Ishee, J. Kitchens, P.J., Objects to the Order in Part with Separate Written Statement joined by Ishee, J. King, P.J., Joins in Part. Order entered.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Disposition: Stephen Elliot Powers's First Successor Petition for Post-Conviction Relief is denied. Motion to Rehear the Court's June 21, 2022 Order Overturning Precedent and Discarding the Right to Mental Competency in Post-Conviction Proceedings is denied. Motion to Reconsider the Denial of Oral Argument in a Death Penalty Case is denied. See opinion of this Court handed down this date.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Majority Opinion: Coleman, J. Disposition: Post-Conviction Relief Denied. Forrest County taxed with costs. Votes: Randolph, C.J., Maxwell, Beam, Chamberlin and Griffis, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, P.J., and Ishee, J. Dissenting Opinion: Kitchens, P.J. Votes: King, P.J., and Ishee, J., Join This Opinion.

Clarence Lee Lowe, Jr. a/k/a Clarence Lowe a/k/a Clarence Lowe, Jr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 19-174W; Ruling Date: 10/04/2019; Ruling Judge: Jon Weathers; Disposition: Petition for Writ of Certiorari filed pro se by Clarence Lee Lowe is dismissed. Order entered 5/24/23.

Alberto Julio Garcia v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 24CI1:18-cv-00015; Ruling Date: 09/14/2021; Ruling Judge: Lisa Dodson; Majority Opinion: Maxwell, J. Disposition: Affirmed. Harrison County taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Kevin Shows and Perry County Republican Executive Committee v. Joel Garner; Perry Circuit Court; LC Case #: 56CI1:23-cv-00037; Ruling Date: 05/15/2023; Ruling Judge: Jeff Weill, Sr.; Disposition: Joel Garner's Amended Motion to Dismiss Appeal and/or to Strike Bill of Exceptions from the Record and for Expedited Appeal is denied in part and dismissed as moot in part. Garner's Motion to Docket and Dismiss Appeal for Lack of Appellate Jurisdiction is denied. Appellants' Motion to Strike Appellee's Brief due to Failure to Cite Record and Improper Format is denied. See opinion of this Court handed down this date.

Kevin Shows and Perry County Republican Executive Committee v. Joel Garner; Perry Circuit Court; LC Case #: 56CI1:23-cv-00037; Ruling Date: 05/15/2023; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Chamberlin, Ishee and Griffis, JJ., Concur. Randolph, C.J., and Beam, J., not participating.

Ja'Nekia W. Barton v. Jennifer Adams-Williams; Bolivar Circuit Court 2nd District; LC Case #: 06CI2:23-cv-00010; Ruling Date: 05/15/2023; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Beam, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur.