Supreme Court of MississippiHand Down List
June 7, 2018
06/07/2018 - Hand Down and published opinions in WordPerfect/ZIP format
Ishee, David Michael, J.
X 2017-KA-00849-SCT
Derrick Ramone Hall a/k/a Derrick Hall a/k/a Derrick R. Hall v. State of Mississippi; Warren Circuit Court; LC Case #: 15,0300-CRC; Ruling Date: 05/23/2017; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Ishee, J. Disposition: Affirmed. Warren County taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam and Chamberlin, JJ., Concur. Maxwell, J., Concurs in Part and in Result without Separate Written Opinion.
Maxwell, James D., J.
X 2016-CA-01739-SCT
Tanya Dale Wright Sanderson v. Hobson L. Sanderson, Jr.; Monroe Chancery Court; LC Case #: CV-2008-000627-48-H; Ruling Date: 10/19/2016; Ruling Judge: John Hatcher; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ., Concur.
Maxwell, James D., J.
XX 2017-CA-00541-SCT
M.A.S. v. Mississippi Department of Human Services; Harrison Chancery Court 1st District; LC Case #: 2401-17-A.D.10-JP; Ruling Date: 04/17/2017; Ruling Judge: James Persons; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Beam, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, J. Dissenting Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.
Coleman, Josiah Dennis, J.
X 2016-CA-00823-SCT
City of Horn Lake, Mississippi, Joey Treadway, Tax Collector of DeSoto County; Parker Pickle, Tax Assessor of DeSoto County; W.E. Davis, DeSoto County Chancery Clerk; and DeSoto County, Mississippi v. Sass Muni-V, LLC; DeSoto Chancery Court; LC Case #: 11-CV-1730; Ruling Date: 05/02/2016; Ruling Judge: Mitchell Lundy, Jr.; Consolidated with 2013-CA-01490-SCT Sass Muni-V, LLC v. DeSoto County, Mississippi, W. E. Davis, DeSoto County Chancery Clerk, City of Horn Lake, Mississippi, Joey Treadway, Tax Collector of Desoto County, Parker Pickle, Tax Assessor of Desoto County, Marshall Investments Corporation a/k/a Marshall Investments Corporation of Minnesota, E. Franklin Childress, Jr., R. Spencer Clift, III, K. David Waddell, as Substitute Trustees and Mic-Rocky, LLC; DeSoto Chancery Court; LC Case #: 11-CV-1730; Ruling Date: 07/31/2013; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam and Ishee, JJ., Concur. Chamberlin, J., not participating.
Coleman, Josiah Dennis, J.
X 2017-CC-00784-SCT
Cindy W. King v. Mississippi Military Department; Forrest Circuit Court; LC Case #: W16-0182; Ruling Date: 05/16/2017; Ruling Judge: Jon Weathers; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., King, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Waller, C.J., not participating.
EN BANC
89-R-99001-SCT
In Re: The Rules of Civil Procedure; Disposition: Before the en banc Court, the Petition to Amend Certain Rules of the Mississippi Rules of Civil Procedure and the Uniform Chancery Court Rules, filed by the Honorable Jess H. Dickinson, Commissioner of the Mississippi Department of Child Protection Services, is denied. All Justices Agree. Order entered.
EN BANC
89-R-99032-SCT
In Re: The Mississippi Access to Justice Commission; Disposition: En banc order (1) appointing Judge Virginia C. Carlton as a Commissioner of the Access to Justice Commission to succeed Michael L. Jones for the balance of the term expiring June 30, 2019, and (2) appointing John M. Edwards, Jr., as a Commissioner of the Access to Justice Commission to succeed Nicole H. McLaughlin for the balance of the term expiring June 30, 2020. Order entered on 5/29/18.
EN BANC
89-R-99038-SCT
In Re: Mississippi Rules of Criminal Procedure; Disposition: On the Court's own motion, the Mississippi Rules of Criminal Procedure are amended in accordance with Exhibit A, which by reference is incorporated into and made a part of this order. Such amendments shall take effect on July 1, 2018. The Clerk of the Court shall spread this order and the amended rules attached hereto upon the minutes of the Court and provide a certified copy to Thomson Reuters for publication in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. All Justices Agree. Order entered.
EN BANC
XX 2015-CT-00243-SCT
Robert Hammons, Jr. v. C. Wade Navarre, II, Individually and d/b/a Navarre Fabrication, Inc., Navarre Fabrication, Inc., Velcon Filters, LLC, Knappco Corporation and Wilden Pump and Engineering, LLC; Leflore Circuit Court; LC Case #: 2011-0135CICI; Ruling Date: 12/31/2014; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Beam, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, J. Ishee, J., not participating. Dissenting Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.
EN BANC
2016-CT-00602-SCT
Grace Ann McCarty a/k/a Grace Ann Woods a/k/a Grace Ann Proctor a/k/a Grace A. McCarty a/k/a Grace McCarty v. State of Mississippi; Attala Circuit Court; LC Case #: 15-0053-CR; Ruling Date: 03/23/2016; Ruling Judge: Joseph Loper, Jr.; Disposition: The Petition for Writ of Certiorari filed by Appellant, Grace Ann McCarty is denied. To Deny: Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King and Coleman, JJ. Not Participating: Waller, C.J., and Ishee, J. Order entered.
EN BANC
2016-CT-00727-SCT
Shannon Westfall and John Westfall v. Randy Goggins and Carnes Frames, Inc.; Pontotoc Circuit Court; LC Case #: CV13-187 P(PO); Ruling Date: 04/18/2016; Ruling Judge: James Pounds; Disposition: The Petition for Writ of Certiorari filed by Randy Goggins and Carnes Frames, Inc., is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.
EN BANC
2016-CT-00801-SCT
Sharon Sallie a/k/a Sharon Jean Sallie a/k/a Sharon Plaxico Sallie v. State of Mississippi; Tippah Circuit Court; LC Case #: TK-2014-018; Ruling Date: 05/11/2016; Ruling Judge: Andrew Howorth; Disposition: Sharon Sallie's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King and Coleman, JJ. Not Participating: Ishee, J. Order entered.
EN BANC
2016-CT-00969-SCT
In the Matter of the Adoption of the Minor Child Described in the Petition: J.A.G. and Wife, S.G. v. C.T. and B.T.; Hancock Chancery Court; LC Case #: 23CH1:14-ad-00020-JP; Ruling Date: 06/06/2016; Ruling Judge: James Persons; Disposition: The Appellants' Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
EN BANC
2016-M-01072-SCT
Ricky W. Ward v. Dorothy Winston Colom; Lowndes Chancery Court; LC Case #: 2003-412; Ruling Date: 11/18/2011; Ruling Judge: Dorothy Colom; Disposition: The Petition for Writ of Prohibition filed by Petitioner is granted, and the trial court's orders are vacated. See opinions of this Court handed down this date.
EN BANC
XXXXXX 2016-M-01072-SCT
Ricky W. Ward v. Dorothy Winston Colom; Lowndes Chancery Court; LC Case #: 2003-412; Ruling Date: 11/18/2011; Ruling Judge: Dorothy Colom; Majority Opinion: Randolph, P.J. Disposition: Vacated. Petitioner and Respondents are taxed with costs of appeal. Votes: Coleman, Maxwell, Chamberlin and Ishee, JJ., Concur. Maxwell, J., Specially Concurs with Separate Written Opinion Joined by Randolph, P.J., Coleman, Chamberlin and Ishee, JJ. Chamberlin, J., Specially Concurs with Separate Written Opinion Joined by Randolph, P.J., Maxwell and Ishee, JJ.; Waller, C.J., and Beam, J., Join in Part. Waller, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Beam, J. Beam, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Waller, C.J. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J.; Waller, C.J., and Beam, J., Join in Part. Specially Concurring Opinion: Maxwell, J. Votes: Randolph, P.J., Coleman, Chamberlin and Ishee, JJ., Join This Opinion. Specially Concurring Opinion: Chamberlin, J. Votes: Randolph, P.J., Maxwell and Ishee, JJ., Join This Opinion. Waller, C.J., and Beam, J., Join This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Waller, C.J. Votes: Beam, J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Beam, J. Votes: Waller, C.J., Joins This Opinion. Dissenting Opinion: King, J. Votes: Kitchens, P.J., Joins This Opinion. Waller, C.J., and Beam, J., Join This Opinion in Part.
EN BANC
2016-CT-01347-SCT
Jason Alston v. Mississippi Department of Employment Security; Attala Circuit Court; LC Case #: 2016-0108-CV-L; Ruling Date: 08/26/2016; Ruling Judge: Joseph Loper, Jr.; Disposition: Jason Alston's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.
EN BANC
2016-IA-01356-SCT
Tommy Brooks Oil Company, a Mississippi Corporation v. Jerry Wilburn and Wilburn Oil Company, Inc.; Lee Circuit Court; LC Case #: CV14-055(P)L&CV14-068(P)L; Ruling Date: 08/22/2016; Ruling Judge: James Pounds; Consolidated with 2016-CA-01400-SCT Tommy Brooks Oil Company v. Jerry Wilburn; Lee Circuit Court; LC Case #: CV14-055(P)L&CV14-068(P)L; Ruling Date: 08/22/2016; Ruling Judge: James Pounds; Disposition: The Motion for Rehearing filed by Appellee is denied. Maxwell, J., not participating.
EN BANC
2016-CA-01400-SCT
Tommy Brooks Oil Company v. Jerry Wilburn; Lee Circuit Court; LC Case #: CV14-055(P)L&CV14-068(P)L; Ruling Date: 08/22/2016; Ruling Judge: James Pounds; Consolidated with 2016-IA-01356-SCT Tommy Brooks Oil Company, a Mississippi Corporation v. Jerry Wilburn and Wilburn Oil Company, Inc.; Lee Circuit Court; LC Case #: CV14-055(P)L&CV14-068(P)L; Ruling Date: 08/22/2016; Ruling Judge: James Pounds; Disposition: The Motion for Rehearing filed by Appellee is denied. Maxwell, J., not participating.
EN BANC
2016-CT-01802-SCT
Edward Johnson v. State of Mississippi; Washington Circuit Court; LC Case #: 2016-0112 CI; Ruling Date: 11/29/2016; Ruling Judge: W. Hines; Disposition: The Petition for Writ of Certiorari filed by Appellant, Edward Johnson, pro se, is denied. To Deny: Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J. Not Participating: Waller, C.J. Order entered.
EN BANC
2017-DP-00504-SCT
Alberto Julio Garcia v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-15-500; Ruling Date: 01/25/2017; Ruling Judge: Lisa Dodson; Disposition: Before the en banc Court, the Motion to Suspend Briefing Pending Resolution of the Appellant's Motion for Post-Conviction Relief Pending in the Harrison County Circuit Court is denied. The Unopposed Fourth Motion for Enlargement of Time to File Brief of Appellant is granted. Garcia's brief is due on or before August 3, 2018. To Deny Motion to Suspend Briefing and Grant Motion for Time: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant Motion to Suspend Briefing and Dismiss Motion for Time as Moot: King, J. Order entered 6/04/18.
EN BANC
2017-CA-01203
Kevin B. McCall v. Cynthia C. McCall; Walthall Chancery Court; LC Case #: 74CH1:13-cv-00054-DKH; Ruling Date: 07/26/2017; Ruling Judge: Debbra Halford; Disposition: Before the Court, en banc, the Motion to Dismiss Appeal filed by Appellee is denied. The Motion for Enlargement of Time filed by Appellant is granted. Appellant's brief is due within fourteen (14) days of this Order. Deny Motion to Dismiss Appeal and Grant Motion for Enlargement of Time: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam, Chamberlin and Ishee, JJ. Grant Motion to Dismiss Appeal and Deny Motion for Enlargement of Time: Randolph, P.J., and Coleman, J. Order entered.
EN BANC
2017-DR-01385-SCT
Timothy Nelson Evans a/k/a Timothy N. Evans a/k/a Timothy Evans a/k/a Tim Evans v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-0013; Ruling Date: 08/23/2013; Ruling Judge: Lisa Dodson; Disposition: Before the Court, en banc, the Motion for Disqualification of Attorneys filed by Timothy Nelson Evans, pro se, is denied. To Deny: All Justices. Order entered.
EN BANC
2018-IA-00478-SCT
Ken Rogers v. Victoria C. Pavlou Laird, sole beneficiary of the Estate of Costas E. Pavlou; Hinds County Court 1st District; LC Case #: 25CO1:12-cv-04405; Ruling Date: 03/29/2018; Ruling Judge: LaRita Cooper-Stokes; Disposition: Before the Court, en banc, the Petition for Interlocutory Appeal filed by the petitioner, Ken Rogers is granted. The Order of the County Court of Hinds County, civil action no. 12-4405, dated March 29, 2018, which granted the Estate's Motion to Transfer Civil Action to Chancery Court, is reversed and this matter is remanded for transfer from the Chancery Court of Hinds County to the County Court of Hinds County. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Respondent, the Estate of Costas E. Pavlou, is taxed with all costs of this appeal. Agree: All Justices. Maxwell, J., for the Court. Order entered.