07/25/2019 - Hand Down and published opinions in WordPerfect/ZIP format

Griffis, T. Kenneth, J.
X  2018-KA-00239-SCT

Edward Lamar Ware a/k/a Edward Ware a/k/a Little 50 v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2015-0390-CRH; Ruling Date: 01/30/2018; Ruling Judge: Lee Howard; Majority Opinion: Griffis, J. Disposition: Affirmed. Oktibbeha County taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

In the Interest of M.D.G., a Minor, G.J., a Minor, N.B., a Minor: Pass Christian School District v. Harrison County Youth Court of Mississippi, Roy Cuevas and Kimberly Cuevas, Individually and as Next Friends and Guardians to E.C., a Minor; Harrison Youth Court 1st District; LC Case #: 24-YC-2015-D-634-1; Ruling Date: 05/24/2017; Ruling Judge: Margaret Alfonso; Majority Opinion: Ishee, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and Appellees are taxed with costs of appeal. Votes: Randolph, C.J., Maxwell, Beam and Griffis, JJ., Concur. King, P.J., Dissents with Separate Written Opinion Joined by Kitchens, P.J.; Coleman and Chamberlin, JJ., Join in Part. Coleman, J., Dissents with Separate Written Opinion Joined by Chamberlin, J. Dissenting Opinion: King, P.J. Votes: Kitchens, P.J., Joins This Opinion. Coleman and Chamberlin, JJ., Join This Opinion in Part. Dissenting Opinion: Coleman, J. Votes: Chamberlin, J., Joins This Opinion.

Loren Ross a/k/a Loren Wendell Ross v. State of Mississippi; Rankin Circuit Court; LC Case #: 28384; Ruling Date: 03/21/2018; Ruling Judge: William Chapman, III; Majority Opinion: Kitchens, P.J. Disposition: Affirmed. Rankin County taxed with costs of appeal. Votes: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: The Mississippi Access to Justice Commission; Disposition: En banc order (1) reappointing Hon. Margaret Alfonso, Hon. Dawn H. Beam, Hon. Virginia C. Carlton, H. Rodger Wilder, Hon. Deborah Gambrell, and Hon Jacqueline Mask as Commissioners of the Access to Justice Commission to terms expiring June 30, 2022, and (2) appointing Senator Derrick T. Simmons and Ammie T. Nguyen as Commissioners to terms expiring June 30, 2022, to succeed Edderek "Beau" Cole and Representative David Baria. Order entered 7/19/19.

Kevin Dale McCain v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0167-CRP; Ruling Judge: M. Chaney, Jr.; Disposition: Kevin Dale McCain's "Application for Leave to Proceed in the Trial Court with Post-Conviction Motion Miss. Code Ann. § 99-39-27." is denied. McCain is warned that any future filings deemed frivolous may result not only in monetary sanctions but also in restrictions on filing applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis. To Deny and Issue Sanctions Warning: Randolph, C.J., Maxwell, Beam, Chamberlin and Griffis, JJ. To Deny: Coleman and Ishee, JJ. To Dismiss: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J., and Ishee, J. Order entered.

Thomas Taylor a/k/a Thomas Edward Taylor a/k/a Tinker v. State of Mississippi; Lowndes Circuit Court; LC Case #: 97034; Ruling Judge: Lee Coleman; Disposition: Thomas Taylor's pro se Application for Leave to Proceed in the Trial Court is denied. Thomas Taylor is restricted from filing further petitions for post-conviction relief (or pleadings in that nature) that are related to his conviction of capital rape and corresponding sentence. The Clerk of this Court shall not accept for filing any further petitions for post-conviction relief (or pleadings in that nature) in forma pauperis from Taylor that are related to his conviction and sentence. To Deny and Issue Sanctions: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny and Issue Sanctions Warning: Coleman, J. To Dismiss: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered.

The Promenade D'Iberville, LLC v. JEA; Harrison Circuit Court 2nd District; LC Case #: A-2402-10-41; Ruling Date: 01/17/2017; Ruling Judge: Christopher Schmidt; Disposition: The Motion for Rehearing filed by Appellant is denied.

Richard Vaughn Johnson, Jr. v. The Mississippi Bar; LC Case #: 2007-B-2005; Disposition: The Motion for Reinstatement from Disability Inactive Status and for Referral to Complaint Tribunal filed by Richard Vaughn Johnson, Jr., is granted without further hearing, that Richard Vaughn Johnson, Jr., is hereby reinstated to the practice of law under the Mississippi Rules of Discipline, and that this matter is remanded to the Mississippi Bar for implementation of this order. All stays on any and all pending Bar complaints against Richard Vaughn Johnson, Jr., are lifted. The Bar shall proceed with any pending adjudication(s). Johnson shall refrain from the practice of law pending resolution of any and all outstanding Bar disciplinary matters. After all such matters have been concluded, Johnson may return to the practice of law subject to the disposition of the Bar complaints. We authorize discharge of William P. Starks, II, as guardian ad litem for Johnson. We order that Johnson shall reimburse the Bar for actual costs and expenses incurred in this matter in the amount of $590.48. Order entered.

Richard Vaughn Johnson, Jr. v. The Mississippi Bar; LC Case #: 2007-B-2005; Majority Opinion: Kitchens, P.J. Disposition: The Motion for Reinstatement from Disability Inactive Status and for Referral to Complaint Tribunal filed by Richard Vaughn Johnson, Jr., is granted without further hearing, that Richard Vaughn Johnson, Jr., is hereby reinstated to the practice of law under the Mississippi Rules of Discipline, and that this matter is remanded to the Mississippi Bar for implementation of this order. All stays on any and all pending Bar complaints against Richard Vaughn Johnson, Jr., are lifted. The Bar shall proceed with any pending adjudication(s). Johnson shall refrain from the practice of law pending resolution of any and all outstanding Bar disciplinary matters. After all such matters have been concluded, Johnson may return to the practice of law subject to the disposition of the Bar complaints. We authorize discharge of William P. Starks, II, as guardian ad litem for Johnson. We order that Johnson shall reimburse the Bar for actual costs and expenses incurred in this matter in the amount of $590.48. Richard Vaughn Johnson, Jr., is taxed with costs. Votes: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Joe Gregory Stewart v. The Mississippi Bar; Disposition: The Petition of Joe Gregory Stewart for Reinstatement in the Mississippi Bar is denied. The First Amended Petition for Reinstatement in the Mississippi Bar filed by Joe Gregory Stewart is denied. The Motion for Reimbursement of Costs and Expenses filed by The Mississippi Bar is granted. See opinion of this Court handed down this date.

Joe Gregory Stewart v. The Mississippi Bar; Majority Opinion: Griffis, J. Disposition: Third Petition of Joe Gregory Stewart for Reinstatement to the Practice of Law in the State of Mississippi is Denied. Joe Gregory Stewart is taxed with costs. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam and Chamberlin, JJ., Concur. Maxwell and Ishee, JJ., not participating.

Adam Chism v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 16-0-147; Ruling Judge: Tomie Green; Disposition: Adam Chism's Application for Leave to File Motion for Post-Conviction Relief is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: En banc order directing the disbursement of $216,698.37 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Order entered 7/22/19.

James Holloway v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2003-419; Ruling Judge: Prentiss Harrell; Disposition: James Holloway's Application for Leave to File Motion for Post-Conviction Relief is denied. Holloway is warned that any future filings deemed frivolous may subject him to monetary sanctions and restrictions on his ability to proceed in forma pauperis in the future. To Deny and Issue Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Dismiss: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.