06/29/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2016-KA-00963-SCT

Ronald Shinstock a/k/a Ronald Joseph Shinstock a/k/a Ronald J. Shinstock v. State of Mississippi; Rankin Circuit Court; LC Case #: 26,968; Ruling Date: 02/01/2016; Ruling Judge: William Chapman, III; Majority Opinion: Maxwell, J. Disposition: Affirmed. Rankin County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Beam and Chamberlin, JJ., Concur.

Cortaia Washington v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-0-759CRW; Ruling Date: 09/23/2015; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Coleman, J. Disposition: Affirmed. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Maxwell, Beam and Chamberlin, JJ., Concur.

T.L. Wallace Construction, Inc., Thomas Wallace and Janette Wallace v. McArthur, Thames, Slay, and Dews, PLLC; Marion Circuit Court; LC Case #: 2013-0006M; Ruling Date: 09/23/2015; Ruling Judge: Anthony Mozingo; Majority Opinion: King, J. Disposition: On Direct Appeal: Affirmed in Part; Reversed in Part and Remanded. On Cross-Appeal: Affirmed in Part; Reversed in Part and Remanded. Appellants and Appellee are taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, Coleman, Maxwell and Chamberlin, JJ., Concur. Randolph, P.J., and Beam, J., not participating.

Kale Scott a/k/a Kale Rashaud Scott v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2014-0242-CR1K; Ruling Date: 08/27/2015; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Lowndes County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Builders and Contractors Association of Mississippi, Home Builders Association of Mississippi, AmFed Casualty Insurance Company and AmFed Companies, LLC v. Laser Line Construction Company, LLC; Hinds Circuit Court 1st District; LC Case #: 251-12-509-CIV; Ruling Date: 02/26/2016; Ruling Judge: Winston Kidd; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur. Dickinson, P.J., and Chamberlin, J., not participating.

In Re: The Rules of Civil Procedure; Disposition: The motion to amend the Mississippi Rules of Civil Procedure to permit summary jury trials, submitted by Claude F. Clayton, Jr., on behalf of the Mississippi Chapter of the American Board of Trial Advocates is denied. Agree: Dickinson and Randolph, P.JJ., Kitchens, King, Coleman and Chamberlin, JJ. Disagree: Waller, C.J., and Maxwell, J. Not Participating: Beam, J. Order entered.

In Re: Code of Judicial Conduct; Disposition: The request to amend the Code of Judicial Conduct filed by Justice Court Judge Kenneth Adams is denied. To Deny: All Justices. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 2 of the Mississippi Rules of Appellate Procedure, the Comment to Rule 2, and the Comment to Rule 4 are amended as set forth in the attached Exhibit A. The amendments are 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. Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Chamberlin, JJ. Not Participating: Beam, J. Order entered.

Brenda Franklin v. Cornelius Turner d/b/a Golden Age Apartments, and Cornelius Turner d/b/a Major Management, Inc.; Rankin Circuit Court; LC Case #: 2013-41; Ruling Date: 06/16/2014; Ruling Judge: John Emfinger; Disposition: The Petition for Writ of Certiorari filed by Brenda Franklin is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, King and Coleman, JJ. Order entered.

Marion O'Bryan Strickland a/k/a Marion Strickland a/k/a Bryan Strickland a/k/a Brian Strickland v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2013-89-SM(P2); Ruling Date: 11/03/2014; Ruling Judge: Smith Murphey; Disposition: Marion Strickland's Petition for Writ of Certiorari is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J. Order entered.

Timothy Vivians v. Baptist HealthPlex, Becky Vrieland and Helen Wilson; Hinds Circuit Court 1st District; LC Case #: 251-10-108CIV; Ruling Date: 08/20/2014; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., King, Beam and Chamberlin, JJ., Concur. Dickinson, P.J., Specially Concurs with Separate Written Opinion Joined by King and Beam, JJ. Coleman, J., Dissents with Separate Written Opinion Joined by Maxwell, J. Maxwell, J., Dissents with Separate Written Opinion Joined by Coleman, J. Specially Concurring Opinion: Dickinson, P.J. Votes: King and Beam, JJ., Join This Opinion. Dissenting Opinion: Coleman, J. Votes: Maxwell, J., Joins This Opinion. Dissenting Opinion: Maxwell, J. Votes: Coleman, J., Joins This Opinion.

Mississippi Department of Corrections v. The Roderick & Solange MacArthur Justice Center; Hinds Chancery Court 1st District; LC Case #: G2014-01885; Ruling Date: 03/06/2015; Ruling Judge: Denise Owens; Disposition: The Motion for Rehearing filed by Appellee is denied. Kitchens and King, JJ., would grant.

Demario Walker a/k/a Demario D. Walker a/k/a Demario Dontez Walker v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: A2015-40M; Ruling Date: 05/23/2015; Ruling Judge: Anthony Mozingo; Disposition: The Petition for Writ of Certiorari filed pro se by Demario Walker is granted. To Grant: All Justices. Order entered.

Demario Walker a/k/a Demario D. Walker a/k/a Demario Dontez Walker v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: A2015-40M; Ruling Date: 05/23/2015; Ruling Judge: Anthony Mozingo; Disposition: The Petition for Writ of Certiorari filed by the State of Mississippi is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., King, Maxwell, Beam and Chamberlin, JJ. To Deny: Kitchens and Coleman, JJ. Order entered.

Lonnie Jordan a/k/a Lonnie L. Jordan a/k/a Lonnie Lee Jordan v. State of Mississippi; Copiah Circuit Court; LC Case #: 2015-0121CR; Ruling Date: 11/09/2015; Ruling Judge: Lamar Pickard; Disposition: The Petition for Writ of Certiorari and the Motion to Supplement the Record filed by Lonnie Jordan are denied. All Justices Agree. Order entered.

Tyler Edmonds a/k/a Tyler W. Edmonds v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2009-0457CV; Ruling Date: 11/04/2015; Ruling Judge: Lee Coleman; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens and King, JJ., Concur. Maxwell, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Randolph, P.J.; Beam and Chamberlin, JJ., Join In Part. Randolph, P.J., Dissents with Separate Written Opinion Joined by Beam, J.; Maxwell and Chamberlin, JJ., Join in Part. Beam, J., Dissents with Separate Written Opinion Joined in Part by Randolph, P.J., Maxwell and Chamberlin, JJ. Chamberlin, J., Dissents with Separate Written Opinion Joined by Randolph, P.J., Maxwell and Beam, JJ. Concurring in Part and Dissenting in Part Opinion: Maxwell, J. Votes: Randolph, P.J., Joins This Opinion. Beam and Chamberlin, JJ., Join This Opinion in Part. Dissenting Opinion: Randolph, P.J. Votes: Beam, J., Joins This Opinion. Maxwell and Chamberlin, JJ., Join This Opinion in Part. Dissenting Opinion: Beam, J. Votes: Randolph, P.J., Maxwell and Chamberlin, JJ., Join This Opinion in Part. Dissenting Opinion: Chamberlin, J. Votes: Randolph, P.J., Maxwell and Beam, JJ., Join This Opinion.

Justin James a/k/a "Hurricane" a/k/a Justin Curtis Martell James v. State of Mississippi; Attala Circuit Court; LC Case #: 15-0088-CVM; Ruling Date: 11/17/2015; Ruling Judge: C. Morgan, III; Disposition: The Petition for Writ of Certiorari filed by Justin James is denied. To Deny: All Justices. Order entered.

Fawaz Abdrabbo, M.D. and Hinds Behavioral Health Services v. Audray (Andres) Johnson; Hinds Circuit Court 1st District; LC Case #: 251-14-317CIV; Ruling Date: 03/30/2016; Ruling Judge: Winston Kidd; Disposition: The Motion for Rehearing filed by Appellee is denied.

Carl William Arnold, Jr., Lynda Arnold Gambrell and Deborah Arnold Herndon v. Annie J. Arnold; Covington Chancery Court; LC Case #: 2015-002-2; Ruling Date: 04/17/2017; Ruling Judge: David Shoemake; Disposition: The Petition for Interlocutory Appeal filed by A. Regnal Blackledge is granted. The Order of the Chancery Court of Covington County, cause no. 2015-002-2, dated April 17, 2017, which denied Blackledge's Motion to Withdraw, is vacated. The matter is remanded to the Chancery Court of Covington County to enter an order, within fifteen (15) days of the issuance of the mandate, allowing Blackledge to withdraw upon proper substitution of counsel. The notice of appeal having been filed, the filing fee is due and payable to the Clerk of this Court. A. Regnal Blackledge is taxed with the costs, if any, of this appeal. All Justices Agree. King, J., for the Court. Order entered.