06/15/2017 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2016-EC-00400-SCT

Tunica County Democratic Executive Committee v. Craig Jones and William Pegram; Tunica Circuit Court; LC Case #: 2015-0033; Ruling Date: 02/10/2016; Ruling Judge: Henry Lackey; Majority Opinion: King, J. Disposition: Vacated. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

In Re: Mississippi Rules of Appellate Procedure; Disposition: Before the en banc Court is the Motion to Amend Certain Rules to Provide for Word Counts, filed by Andy Lowry. The motion is denied in part and granted in part. Rule 40(b) is amended as set forth in the attached Exhibit A. The amendment is effective upon entry of this order. The Clerk of this Court must spread this order upon the minutes of the Court and forward a certified copy to West Publishing Company 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. To Deny in Part and Grant in Part: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman and Beam, JJ. To Grant: Maxwell and Chamberlin, JJ. Order entered.

Mississippi Valley Silica Company, Inc. v. Dorothy Barnett, Individually and as Wrongful Death Beneficiary of Howard Barnett, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Howard Barnett, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-10-458CIV; Ruling Date: 11/28/2012; Ruling Judge: Winston Kidd; Disposition: The Motion for Leave to File Amici Curiae Brief filed by the Mississippi Economic Council, et al., is granted. Leave is granted to re-file electronically the Brief of Amici Curiae in compliance with Section 3(A)(3) of the Mississippi Appellate E-Filing Administrative Procedures. Disagrees: Coleman, J. Order entered.

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; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Hancock County taxed with costs of appeal. Votes: Waller, C.J., Maxwell, Beam and Chamberlin, JJ., Concur. Coleman, J., Concurs with Separate Written Opinion Joined by Randolph, P.J., Maxwell and Chamberlin, JJ.; Waller, C.J., Joins in Part. Kitchens, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and King, J. Concurring Opinion: Coleman, J. Votes: Randolph, P.J., Maxwell and Chamberlin, JJ., Join This Opinion. Waller, C.J., Joins This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

James Wesley Scott a/k/a James W. Scott a/k/a James Scott v. State of Mississippi; Forrest Circuit Court; LC Case #: 11-556CR; Ruling Date: 09/16/2014; Ruling Judge: Samac Richardson; Disposition: The Petition for Writ of Certiorari filed by counsel for James Wesley Scott is granted. To Grant: Dickinson, P.J., Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. Order entered.

Marlon Little v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2014-10; Ruling Date: 09/02/2014; Ruling Judge: Lamar Pickard; Disposition: The Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny: Kitchens and King, JJ. Not Participating: Waller, C.J., Order entered.

Kenneth D. McDuff, Jr. v. Teresa B. McDuff; Wilkinson Chancery Court; LC Case #: 2013-0156; Ruling Date: 07/02/2014; Ruling Judge: George Ward; Disposition: Kenneth McDuff's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.

City of Meridian, Mississippi d/b/a East Mississippi Drug Task Force v. $104,960.00 U.S. Currency, and a 2003 Ford F-150 Supercab Truck, VIN #1FTRX17213NB65899 and Maria I. Valle Catalan; Lauderdale Circuit Court; LC Case #: 14-CV-157(W); Ruling Date: 04/28/2015; Ruling Judge: Lester Williamson, Jr.; Disposition: City of Meridian's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny: Kitchens and King, JJ. Order entered.

John Ray Kidd v. State of Mississippi; Union Circuit Court; LC Case #: CV2014-189; Ruling Date: 07/02/2015; Ruling Judge: Andrew Howorth; Disposition: The Petition for Writ of Certiorari filed by John Ray Kidd is denied. To Deny: All Justices. Order entered.

Clayton Frank Gutierrez v. Trisha Gutierrez; Harrison Chancery Court 2nd District; LC Case #: C2402-10-00210 (1); Ruling Date: 12/28/2015; Ruling Judge: James Persons; Consolidated with 2016-CA-00393-SCT Clayton Frank Gutierrez v. Trisha Gutierrez; Harrison Chancery Court 2nd District; LC Case #: C2402-10-00210 (1); Ruling Date: 02/25/2016; Ruling Judge: James Persons; Majority Opinion: Beam, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Waller, C.J., Kitchens and King, JJ. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J. Votes: Waller, C.J., Kitchens and King, JJ., Join This Opinion.

Richard Gerald Jordan v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 18807; Ruling Date: 04/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Richard Gerald Jordan's Successive Petition for Post-Conviction Relief is dismissed as moot as to claim one and denied as to claim two. To Agree: Dickinson and Randolph, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. Kitchens, J., Objects with Separate Written Statement Joined by Waller, C.J., and King, J. Dickinson, P.J., for the Court. Order entered.

Mississippi Commission on Judicial Performance v. Judge Gay Polk-Payton; LC Case #: 2014-081; Ruling Date: 11/08/2016; Ruling Judge: Cynthia Brewer; Disposition: The record supplementation requested by the Court during oral argument should, and it hereby is, rescinded. The Court finds that no violation of the Mississippi Code of Judicial Conduct by the respondent, Forrest County Justice Court Judge Gay Polk-Payton, has been proven by clear and convincing evidence, and that these proceedings therefore should be, and they hereby are, dismissed with prejudice. The Commission shall bear the costs. Not Participating: Coleman, Beam and Chamberlin, JJ. Order entered.