08/11/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2015-CA-00041-SCT

Linde Health Care Staffing, Inc. v. Claiborne County Hospital; Claiborne Circuit Court; LC Case #: 2014-35; Ruling Date: 12/02/2014; Ruling Judge: Lamar Pickard; Consolidated with 2015-CA-00881-SCT Linde Health Care Staffing, Inc. v. Claiborne County Hospital; Madison Circuit Court; LC Case #: CI-2014-00160 JE; Ruling Date: 05/11/2015; Ruling Judge: John Emfinger; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ., Concur.

Landres Cheeks, Shoney Harris, L.C. Slaughter and Cleotha Williams v. City of Canton, Mississippi, Alderman Rodriquez Brown, Alderman Eric Gilkey, Andrew Grant, Olivia Harrell, Reuben Myers, Les Penn, Daphne Sims and Arnel Bolden; Madison Circuit Court; LC Case #: CI1:2013-CV-216-C; Ruling Date: 05/15/2015; Ruling Judge: William Chapman, III; Majority Opinion: Randolph, P.J. Disposition: Per Curiam Affirmance. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Amfed National Insurance Co., American Federated Insurance Co., and Amfed Companies, LLC v. NTC Transportation, Inc.; Hinds Circuit Court 1st District; LC Case #: CIV 251-10-1012; Ruling Date: 08/27/2014; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur. Waller, C.J., not participating.

In Re: The Mississippi Access to Justice Commission; Disposition: This matter is before the en banc Court for appointment or reappointment to fill certain positions on the Mississippi Access to Justice Commission. Commissioners are appointed as indicated for the terms shown within the order. The Supreme Court offers its sincere thanks to those retired or retiring Commissioners for their dedication to access for all persons to the courts of Mississippi. The Clerk of this Court shall forthwith send true copies of this order to each of the Commissioners appointed and reappointed, to those retiring, to Judge Jacqueline Mask and H. Rodger Wilder, Co-Chairs, and to Tiffany M. Graves, Executive Director of the Mississippi Access to Justice Commission. Order entered 8/08/16.

Dexter Johnson v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2006-002-CR1; Ruling Date: 11/05/2007; Ruling Judge: Kenneth Thomas; Disposition: The Petition for Writ of Certiorari filed by Dexter Johnson is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Larry Walker v. State of Mississippi; Lawrence Circuit Court; LC Case #: K02-77E; Ruling Date: 04/09/2010; Ruling Judge: Prentiss Harrell; Disposition: The Petition for Writ of Certiorari filed by Larry Walker is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman and Beam, JJ. To Grant: Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered.

James Gandy Jr. a/k/a James Gandy v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2013-87-CV7; Ruling Date: 10/03/2013; Ruling Judge: Billy Landrum; Disposition: The Petition for Writ of Certiorari filed pro se by James Gandy, Jr., is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Anita White, Individually, as the Guardian of Rashaun D. Gardner, and as the Administratrix of the Estate of Zelda Gardner, and Taurean S. Gardner, Individually v. Omar L. Nelson and Omar L. Nelson, PLLC; Madison Circuit Court; LC Case #: CI2008-0125-E; Ruling Date: 09/17/2013; Ruling Judge: John Emfinger; Disposition: Anita White's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Coleman and Beam, JJ. Not Participating: King and Maxwell, JJ. Order entered.

Antonio Vashon Smith a/k/a Antonio V. Smith a/k/a Antonio Smith v. State of Mississippi; Clarke Circuit Court; LC Case #: 2012-149-W; Ruling Date: 02/25/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Antonio Vashon Smith is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Anthony Carr v. State of Mississippi; Quitman Circuit Court; LC Case #: 5115; Ruling Date: 06/17/2013; Ruling Judge: Charles Webster; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Quitman County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Coleman and Beam, JJ., Concur. Maxwell, J., Specially Concurs with Separate Written Opinion Joined by Coleman, J.; Randolph, P.J., Joins in Part. Randolph, P.J., Concurs in Part and in Result without Separate Written Opinion. King, J., Concurs in Part and in Result with Separate Written Opinion Joined by Kitchens, J. Specially Concurring Opinion: Maxwell, J. Votes: Coleman, J., Joins This Opinion. Randolph, P.J., Joins This Opinion in Part. Concurring in Part and in Result Opinion: King, J. Votes: Kitchens, J., Joins This Opinion.

Lamarcus Jones a/k/a Lamarcus Antwain Jones a/k/a Lamarcus A. Jones a/k/a L.A. Jones v. State of Mississippi; Noxubee Circuit Court; LC Case #: 2010-018; Ruling Date: 03/28/2014; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Kitchens, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay a fine in the amount of $10,000, all costs of court, and restitution for reasonable expenses of funeral and burial of Marveo Lane. These amounts are to be paid at a rate of $200 per month beginning Sixty (60) days upon release from incarceration. Appellant taxed with costs of appeal. Votes: Waller, C.J., and King, J., Concur. Dickinson, P.J., Concurs in Part and in Result with Separate Written Opinion. Maxwell, J., Concurs in Part and in Result with Separate Written Opinion Joined by Randolph, P.J.; Lamar, Coleman and Beam, JJ., Join in Part. Beam, J., Concurs in Part and in Result with Separate Written Opinion Joined by Lamar and Coleman, JJ.; Randolph, P.J., and Maxwell, J., Join in Part. Concurring in Part and in Result Opinion: Dickinson, P.J. Concurring in Part and in Result Opinion: Maxwell, J. Votes: Randolph, P.J., Joins This Opinion. Lamar, Coleman and Beam, JJ., Join This Opinion in Part. Concurring in Part and in Result Opinion: Beam, J. Votes: Lamar and Coleman, JJ., Join This Opinion. Randolph, P.J., and Maxwell, J., Join This Opinion in Part.

Melvin Chandler v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-00-916-00-WAG; Ruling Date: 05/01/2014; Ruling Judge: William Gowan, Jr.; Disposition: The Petition for Writ of Certiorari filed pro se by Melvin Chandler is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Coleman and Beam, JJ. To Deny: Randolph, P.J., and King, J. Not Participating: Maxwell, J. Order entered 8/04/16.

Marlene Zernee McCoy a/k/a Marlene Zernelle McCoy a/k/a Marlene Zurnee McCoy a/k/a Marlene Zurnelle McCoy a/k/a Marlene Zarnee McCoy a/k/a Marlene Z. McCoy a/k/a Marlene McCoy v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-13-501; Ruling Date: 07/23/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Writ of Certiorari filed by Marlene Zernee McCoy is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Gregory Wayne Colburn a/k/a Gregory Wayne Culburn v. State of Mississippi; Rankin Circuit Court; LC Case #: 25,635; Ruling Date: 08/19/2014; Ruling Judge: William Chapman, III; Majority Opinion: Lamar, J. Disposition: Count I: Conviction of Exploitation of a Vulnerable Adult and Sentence of Ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Exploitation of a Vulnerable Adult and Sentence of Ten (10) years in the custody of Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively to the sentence in Count I. Appellant shall pay court costs, fees and assessments in the amount of $1,031.50, restitution in the amount of $78,000 in Count I and restitution in the amount of $79,581.24 in Count II. Court costs, fees and assessments in the amount of $1,031.50 is to be paid out of Appellant's cash bond on deposit with the Circuit Clerk of Rankin County, Mississippi, and the remaining balance of $2,518.50 is to be applied to restitution in Count I. Remaining restitution shall be paid within ninety (90) days from August 19, 2014. The payment of court costs, fees, assessments, and fines provided above or by other orders of the court are to be made a special condition of parole or any other form of early release that may be granted to Appellant. Appellant shall receive credit for time served in pretrial detainment against this sentence. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., King, Coleman, Maxwell and Beam, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion. Dissenting Opinion: Kitchens, J.

Joshua Hurst a/k/a Joshuwa Hurst v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 13-0-633, 13-0-802; Ruling Date: 09/17/2014; Ruling Judge: Jeff Weill, Sr.; Disposition: The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., and Kitchens, J., would grant.

Jim Doe and Barbara Doe, Individually and as Natural Parents of Ann Doe, a Minor, and as Administrator of the Estate of Barbara Doe, Deceased, and Ann Doe v. Rankin Medical Center and Larry Swales, as Administrator of the Estate of Gina McBeth, Deceased; Rankin Circuit Court; LC Case #: 2004-08(R); Ruling Date: 10/02/2014; Ruling Judge: John Emfinger; Disposition: The Motion for Rehearing filed by Jim Doe is denied.

Deldrick Lamont Carroll a/k/a Deldrick Carroll a/k/a Lamont Carroll v. State of Mississippi; Benton Circuit Court; LC Case #: BK2012- 054; Ruling Date: 10/09/2014; Ruling Judge: Robert Elliott; Disposition: The Petition for Writ of Certiorari filed by Deldrick Carroll is denied. To Deny: All Justices. Order entered.

Perry Armstead v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2014-0184-CRH; Ruling Date: 01/29/2015; Ruling Judge: Lee Howard; Majority Opinion: Waller, C.J. Disposition: Count I: Conviction of Sale of Cocaine less than 2 grams and Sentence of Sixteen (16) years in the custody of the Mississippi Department of Corrections, as a habitual offender and subsequent drug offender, Affirmed. Said sentence shall not be reduced or suspended, nor shall Appellant be eligible for parole or probation, weekend passes or early release of any kind. Appellant shall pay a fine in the amount of $2,000. Sentence in Count II shall run consecutively to this sentence. Count II: Conviction of Sale of Cocaine less than 2 grams and Sentence of Sixteen (16) years in the custody of the Mississippi Department of Corrections, as a habitual offender and subsequent drug offender, Affirmed. Said sentence shall not be reduced or suspended, nor shall Appellant be eligible for parole or probation, weekend passes or early release of any kind. Appellant shall pay a fine in the amount of $2,000. Sentence in Count II shall run consecutively to the sentence in Count I. Oktibbeha County taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Coleman, Maxwell and Beam, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Dickinson, P.J., and King, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

Cynthia Renee Crider v. DeSoto County Convention and Visitors Bureau; DeSoto Circuit Court; LC Case #: CV2009-0255; Ruling Date: 01/12/2015; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Dickinson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Kitchens, King and Coleman, JJ., Concur. Maxwell, J., Concurs in Result Only with Separate Written Opinion Joined by Beam, J.; Waller, C.J., and Randolph, P.J., Join In Part. Lamar, J., Concurs in Part and in Result without Separate Written Opinion. Randolph, P.J., Dissents with Separate Written Opinion Joined by Waller, C.J.; Maxwell and Beam, JJ., Join in Part. Concur in Result Only Opinion: Maxwell, J. Votes: Beam, J., Joins This Opinion. Waller, C.J., and Randolph, P.J., Join This Opinion in Part. Dissenting Opinion: Randolph, P.J. Votes: Waller, C.J., Joins This Opinion. Maxwell and Beam, JJ., Join This Opinion in Part.

Family Dollar Stores of Mississippi, Inc. v. Lisa Harris, Individually as an Interested Party, and as Parent, Guardian and Next Friend of and on Behalf of Robreecus Kitchens and Kendrick Kitchens, Minors and Heirs-at-Law of Rodmekus D. Kitchen; Holmes Circuit Court; LC Case #: 2009-0414; Ruling Date: 04/25/2016; Ruling Judge: Jannie Lewis; Disposition: The Petition for Interlocutory Appeal filed by Petitioner is granted. The Holmes County Circuit Court's order, dated April 25, 2016, cause no. 2009-0414, which reinstates appeal no. 2011-TS-01038, is vacated. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Respondents are taxed with costs of this appeal. To Grant and Render: All Justices. Maxwell, J., for the Court. Order entered.

In Re: District Attorney for the Seventh Circuit Court District; Hinds Circuit Court 1st District; LC Case #: 14-CV-9004; Ruling Date: 07/21/2016; Ruling Judge: Tomie Green; Disposition: Honorable Larry E. Roberts, Senior Status Judge, is specially appointed Special Judge to preside and conduct proceedings in the above referenced cases pursuant to and by authority of Mississippi Code Annotated, Section 9-1-105; which state that the Chief Justice may, with the advice and consent of a majority of the Justices of the Mississippi Supreme Court, appoint a Special Judge. Honorable Larry E. Roberts shall preside as Special Circuit Judge for any and all matters, motions, or actions involving the grand jury and/or administrative duties of Robert Shuler Smith, the Hinds County District Attorney, pending or subsequently filed, including any related criminal actions, until further order of this Court. The Clerk of this Court transmit copies of this order to the Honorable Larry E. Roberts, Special Circuit Judge; the Honorable Winston L. Kidd; the Honorable Jeff Weill, Sr.; the Honorable Tomie T. Green, and the Honorable William A. Gowan, Jr., Judges of and for the Circuit Court of Hinds County, and to the Clerk of the Circuit Court of Hinds County, who is directed to file this Order and deliver copies to all counsel of record in said case. Upon the conclusion of these cases in the trial court, the Special Judge shall promptly forward a copy of the final judgments or other orders of final disposition by mail or email to the Court Administrator, Supreme Court of Mississippi, P. O. Box 117, Jackson, MS 39205, hsaunders@courts.ms.gov. Agree: All Justices. Order entered 8/04/16.

State of Mississippi v. Robert Shuler Smith; Hinds County Court 1st District; LC Case #: 16-624; Ruling Date: 07/10/2016; Ruling Judge: LaRita Cooper-Stokes; Disposition: Honorable James D. Bell, Senior Status Judge is hereby specially appointed Special Judge to preside and conduct proceedings in the above referenced case pursuant to and by authority of Mississippi Code Ann. Section 9-1-105; which states that the Chief Justice may, with the advice and consent of a majority of the Justices of the Mississippi Supreme Court, appoint a Special Judge. The Clerk of this Court transmit copies of this order to the Honorable James D. Bell, Special Judge; the Honorable William L. "Bill" Skinner; the Honorable Melvin V. Priester, and the Honorable LaRita Copper-Stokes, Judges of and for the County Court of Hinds County, and to the Clerk of the County Court of Hinds County, who is directed to file this Order and deliver copies to all counsel of record in said case and to parties not represented by counsel. Upon the conclusion of this case in the trial court, the Special Judge shall promptly forward a copy of the final judgment or other order of final disposition by mail or email to the Court Administrator, Supreme Court of Mississippi, P.O. Box 117, Jackson, MS 39205, hsaunders@courts.ms.gov. Agree: All Justices. Order entered 8/04/16.