08/17/2017 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99010-SCT

In Re: Rules of Discipline for the Mississippi Bar; Disposition: Pursuant to Rule 3 of the Rules of Discipline of the Mississippi Bar, the en banc Court appoints or reappoints the following six persons to three-year terms as members of the complaint tribunals effective September 1, 2017: Tonya Powell Franklin, Hon. Steve S. Ratcliff, III, Gina B. Tompkins, Hon. David B. Strong, Jr., Taylor D. Buntin, and Taylor A. Heck. Order entered on 08/10/17.

In Re: The Mississippi Access to Justice Commission; Disposition: The en banc Court reappoints Hon. Leslie D. King, Hon. Denise S. Owens, and Hon. Lillie Blackmon Sanders as Commissioners of the Access to Justice Commission to terms ending on June 30, 2020, appoints Kacey G. Bailey, David L. Calder, Nicole H. McLaughlin, and Trena M. Williams as Commissioners to terms ending on June 30, 2020, and appoints Charliene Roemer as a Commissioner to a term ending on June 30, 2018. Order entered on 08/15/2017.

Laveal McGhee a/k/a LeVeal McGee a/k/a Levell Magee a/k/a Leaveal McGee a/k/a Lavell Magee v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2014-CI12; Ruling Date: 03/26/2014; Ruling Judge: Jannie Lewis; Disposition: The Petition for Writ of Certiorari filed by Laveal McGhee is dismissed as untimely. 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.; Disposition: The Motion for Rehearing filed by Appellees is denied. Coleman and Maxwell, JJ., would grant.

American Optical Corporation v. Estate of Robert Lee Rankin, Sr., Jean Marie Howard Rankin, Jacquelyn Denise Rankin Anderson, and Robert Lee Rankin, Jr., Individually and on behalf of all the heirs at law of Robert Lee Rankin, Sr., Deceased; Jefferson Circuit Court; LC Case #: 2013-40; Ruling Date: 02/24/2015; Ruling Judge: Lamar Pickard; Disposition: The Motion for Rehearing filed by Appellee is denied. Kitchens and King, JJ., would grant.

Wayne County School District v. J. Ed Morgan, in his Official Capacity as the Commissioner of Revenue of the Mississippi Department of Revenue; Wayne Chancery Court; LC Case #: 2014-0099; Ruling Date: 08/04/2015; Ruling Judge: Franklin McKenzie, Jr.; Disposition: The Motion for Enlargement of Time within which to file Motion for Rehearing and Response to MS Department of Revenue Motion To Dismiss Motion for Rehearing as filed out of time is granted. Waller, C.J., not participating. Order entered.

Wayne County School District v. J. Ed Morgan, in his Official Capacity as the Commissioner of Revenue of the Mississippi Department of Revenue; Wayne Chancery Court; LC Case #: 2014-0099; Ruling Date: 08/04/2015; Ruling Judge: Franklin McKenzie, Jr.; Disposition: The Mississippi Department of Revenue's Motion to Dismiss Motion for Rehearing as filed out of time; Wayne County School District's Motion to file Rebuttal to Response to Motion for Rehearing; and Motion to Strike Wayne County School District Letter advising the Court of Supplemental Authority Under M.R.A.P. 28(k) are denied. Waller, C.J., not participating. Order entered.

Wayne County School District v. J. Ed Morgan, in his Official Capacity as the Commissioner of Revenue of the Mississippi Department of Revenue; Wayne Chancery Court; LC Case #: 2014-0099; Ruling Date: 08/04/2015; Ruling Judge: Franklin McKenzie, Jr.; Disposition: The Motion for Rehearing filed by Appellant is denied. Coleman, J., would grant. Waller, C.J., not participating.

Graceland Care Center of New Albany, LLC, Advanced Healthcare Management, Inc., Karen Clayton, in her Official Capacity as Administrator of Graceland Care Center of New Albany, W. Larry Overstreet and Sharon Windham v. Teresa Hamlet, on Behalf of Jimmy Kinard, Deceased; Union Circuit Court; LC Case #: 2014-213; Ruling Date: 11/17/2015; Ruling Judge: John Luther; Majority Opinion: King, J. Disposition: Affirmed and Remanded. Appellants are taxed with costs of appeal. Votes: Kitchens, Maxwell and Chamberlin, JJ., Concur. Coleman, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., and Beam, J. Waller, C.J., and Randolph, P.J., not participating. Dissenting Opinion: Coleman, J. Votes: Dickinson, P.J., and Beam, J., Join This Opinion.

Mississippi Commission on Judicial Performance v. Judge John H. Sheffield; LC Case #: 2014-087; Ruling Date: 08/06/2016; Ruling Judge: Cynthia Brewer; Majority Opinion: Dickinson, P.J. Disposition: Lee County Justice Court Judge John H. Sheffield shall be suspended from office for a period of 120 days without pay, effective on the date of issuance of this Court's mandate, publicly reprimanded, fined $3,000, and assessed all costs. The public reprimand shall be read in open court by the presiding judge of the Lee County Circuit Court on the first day of the next term of that court in which a jury venire is present after the issuance of this Court's mandate, with Judge Sheffield in attendance. Judge John Sheffield is taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, Coleman, Maxwell and Beam, JJ., Concur. King, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Chamberlin, J., not participating. Concurring in Part and Dissenting in Part Opinion: King, J.