06/22/2023 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D., J.
X  2022-KA-00236-SCT

Lucky Turner a/k/a Lucky Leroy Turner a/k/a Chino v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 18-cr-00242-WLK-1; Ruling Date: 12/14/2021; Ruling Judge: Winston Kidd; Majority Opinion: Maxwell, J. Disposition: Affirmed. Hinds County taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Dolgencorp, LLC v. Patsy Payton; Jasper Circuit Court 2nd District; LC Case #: 31CI2:20-cv-00084-P1; Ruling Date: 09/27/2022; Ruling Judge: Matthew Sullivan; Majority Opinion: Maxwell, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Chamberlin, Ishee and Griffis, JJ., Concur. Beam, J., not participating.

In Re: The Rules of Civil Procedure; Disposition: To correct a typographical error in subsection (a)(1)(C), Rule 45 of the Mississippi Rules of Civil Procedure is amended as set forth in attached Exhibit A, and the amendment is effective upon the entry of this order. The form subpoenas attached to this Court's January 23, 2023, En Banc Order are the Advisory Committee on Rules' work product, and this Court neither adopts nor approves the form subpoenas. Agree: Randolph, C.J., Kitchens and King, P.JJ, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Griffis, J., objects to Order with Separate Written Statement, joined in part by Maxwell and Chamberlin, JJ. Order entered 6/14/23.

In Re: Rules of Discipline for the Mississippi Bar; Disposition: En Banc order granting in part the Amended Petition to Amend Certain Rules of the Rules of Discipline for the Mississippi State Bar as set forth in Exhibit A and effective on July 1, 2023. The petition remains pending before the Court. All Justices Agree. Order entered 6/13/23.

The Mississippi Bar v. Candace L. Williamson; Disposition: Motion for Reimbursement of Costs and Expenses filed by The Mississippi Bar is granted. See opinion of this Court handed down this date.

The Mississippi Bar v. Candace L. Williamson; Majority Opinion: Ishee, J. Disposition: Candace L. Williamson is suspended from the practice of law in the State of Mississippi for two years beginning November 23, 2021. One year of the suspension shall be suspended, and Williamson is placed on probation under terms and conditions determined by the Mississippi Bar's Complaint Counsel. Williamson shall be publicly reprimanded in open court by the presiding judge on the first day of the next term of the Circuit Court of Grenada County in which a jury venire is present, with Williamson in attendance. Williamson is assessed all costs and expenses. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ., Concur.

Larmont Donzell Burchett a/k/a Larmont D. Burchett v. State of Mississippi; Marshall Circuit Court; LC Case #: CR2017-095; Ruling Date: 05/27/2021; Ruling Judge: Grady Tollison, III; Disposition: Petition for Writ of Certiorari filed by Larmont Donzell Burchett is denied. All Justices Agree. Order entered 6/15/23.

4-Way Electric Services, LLC v. Huntcole, LLC and 4-Way Electric Co., Inc.; Leflore Circuit Court; LC Case #: 2018-0028-CICI; Ruling Date: 06/02/2021; Ruling Judge: Richard Smith; Majority Opinion: Randolph, C.J. Disposition: Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part. Appellant and Appellees taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Ishee and Griffis, JJ., Concur. Maxwell, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Beam and Chamberlin, JJ. Concurring in Part and Dissenting in Part Opinion: Maxwell, J. Votes: Beam and Chamberlin, JJ., Join This Opinion.

Michael Audy McCool and Audy David McCool v. State of Mississippi; Pearl River Circuit Court; LC Case #: 55:17-CR-076CM; Ruling Judge: Claiborne McDonald; Disposition: Motion for Relief from Judgment or Application for Leave to File Motion for Post Conviction Collateral Relief with Trial Court filed by counsel for Michael Audy McCool and Audy McCool is granted in part and denied in part. To Grant the Petition in Part: Kitchens and King, P.JJ., Coleman, Chamberlin and Ishee, JJ. To Grant as to Issue II Only: Randolph, C.J. To Deny: Maxwell, Beam and Griffis, JJ. Order entered 6/13/23.