06/08/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P.
X  2016-CA-00566-SCT

Marc B. Daniels, Sandra Daniels, Crocker & Associates, Inc. f/k/a D & D Environmental, Inc. and Maxx Investments, LLC v. J. Dennis Crocker, Gail Crocker, Crocker, LTD., A South Carolina Corporation and Generational Equity, LLC; Madison Circuit Court; LC Case #: CI2012-0319 JE; Ruling Date: 04/06/2016; Ruling Judge: John Emfinger; Majority Opinion: Chamberlin, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellants and Appellees are taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur. Dickinson, P.J., not participating.

Kelvin D. Ashford a/k/a Kelvin Ashford a/k/a Booman v. State of Mississippi; Tate Circuit Court; LC Case #: CR-2014-25GC(T); Ruling Date: 10/27/2015; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Randolph, P.J. Disposition: Count I: Conviction of Sexual Battery of a child under the age of fourteen (14) and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Sexual Battery of a child under the age of fourteen (14) and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count III: Conviction of Sexual Battery of a child under the age of fourteen (14) and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IV: Conviction of Sexual Battery of a child under the age of fourteen (14) and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count V: Conviction of Fondling and Sentence of Five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Count VI: Conviction of Sexual Battery of a child at least fourteen (14) but under sixteen (16) years of age and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count VII: Conviction of Sexual Battery of a child at least fourteen (14) but under sixteen (16) years of age and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count VIII: Conviction of Sexual Battery of a child at least fourteen (14) but under sixteen (16) years of age and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count IX: Conviction of Sexual Battery of a child at least fourteen (14) but under sixteen (16) years of age and Sentence of Twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Count X: Conviction of Fondling and Sentence of Five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentences in Counts II, III, IV, VI, VII, VIII, IX, and X are to be served concurrently with sentence in Count I. Sentence in Cou Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Melvin Potts a/k/a Melvin Joshua Potts a/k/a Melvin J. Potts v. State of Mississippi; Madison Circuit Court; LC Case #: CR-2014-507; Ruling Date: 05/15/2015; Ruling Judge: John Emfinger; Majority Opinion: Dickinson, P.J. Disposition: Count I: Conviction of Murder-First Degree and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Motor Vehicle Theft and Sentence of Ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. The Sentences imposed shall run concurrently with each other. All time served in pre-trial detainment is credited against this sentence. Madison County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Brian Anthony Young a/k/a Brian A. Young a/k/a Brian Young v. State of Mississippi; Jackson Circuit Court; LC Case #: 2015-00,207; Ruling Date: 11/17/2014; Ruling Judge: Robert Krebs; Disposition: The Petition for Writ of Certiorari filed by Brian Anthony Young is denied. All Justices Agree. Order entered.

Charles Smith v. State of Mississippi; Clay Circuit Court; LC Case #: 2012-9655K; Ruling Date: 04/17/2014; Ruling Judge: James Kitchens, Jr.; Disposition: Charles Smith's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.

Mississippi Rural Water Association, Inc. v. Mississippi Public Service Commission, Brandon Presley, in his Official Capacity, Cecil Brown, in his Official Capacity and Samuel F. Britton, in his Official Capacity; Hinds Chancery Court 1st District; LC Case #: G2014-1730W/4; Ruling Date: 08/04/2015; Ruling Judge: Patricia Wise; Disposition: The Motion for Rehearing filed by Appellees is granted. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. See opinions handed down this date. Dickinson, P.J., would deny. Chamberlin, J., not participating.

Mississippi Rural Water Association, Inc. v. Mississippi Public Service Commission, Brandon Presley, in his Official Capacity, Cecil Brown, in his Official Capacity and Samuel F. Britton, in his Official Capacity; Hinds Chancery Court 1st District; LC Case #: G2014-1730W/4; Ruling Date: 08/04/2015; Ruling Judge: Patricia Wise; Majority Opinion: Waller, C.J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Randolph, P.J., Coleman, Maxwell and Beam, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and Kitchens, J. Chamberlin, J., not participating. Dissenting Opinion: King, J. Votes: Dickinson, P.J., and Kitchens, J., Join This Opinion.

Pemberton Properties, LTD d/b/a Pemberton Apartments, Park Villa, LLC d/b/a East Villa Apartments, Pearl Partners, LP d/b/a Colony Park Apartments, Colony Park II, LLC d/b/a Grande at Colony Park Apartments, Albert Moore Home Builders, Inc. d/b/a Colonial Terrace Apartments, Wood Glen, LLC d/b/a Wood Glen Apartments, Steve Maulding d/b/a Bavarian Garden Apartments, Steve Maulding d/b/a Pearl Manor Apartments, Sheila Maulding d/b/a 468 Place Townhomes and WPB Properties, LLC d/b/a Fox Run Apartments v. The Mayor and Board of Aldermen of the City of Pearl, Mississippi; Rankin Circuit Court; LC Case #: 2015-25 E; Ruling Date: 07/15/2015; Ruling Judge: William Chapman, III; Disposition: The Motion for Rehearing filed by Appellants is denied.

The Mississippi Bar v. Morgan P. Shands; Disposition: The Mississippi Bar's Motion to Accept the Irrevocable Resignation of Morgan P. Shands is granted. The Court hereby accepts Morgan P. Shands's resignation with prejudice from the Mississippi Bar, and his resignation is tantamount to proof of guilt on the matter charged. The Court hereby revokes Morgan P. Shands's license to practice law in the State of Mississippi. The Court hereby bars Morgan P. Shands from seeking reinstatement to the privilege of practicing law in the State of Mississippi in the future. The costs of the Mississippi Bar's formal complaint shall be, and are hereby assessed to Morgan P. Shands. Maxwell, J., For the Court. Order entered.

Ermea J. Russell v. The Mississippi Bar; LC Case #: 2014-B-507; Ruling Date: 07/25/2015; Disposition: The Petition for Reinstatement filed by Ermea J. Russell is denied.

Ermea J. Russell v. The Mississippi Bar; LC Case #: 2014-B-507; Ruling Date: 07/25/2015; Majority Opinion: Beam, J. Disposition: Petition for Reinstatement denied. Petitioner is taxed with costs. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman and Chamberlin, JJ., Concur. Maxwell, J., not participating.