08/18/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
XX  2015-CA-01177-SCT

Henry W. Kinney v. Southern Mississippi Planning and Development District, Inc. and Mississippi Association of Planning and Development Districts; Harrison Chancery Court 1st District; LC Case #: 24CH1:13-cv-03255; Ruling Date: 07/23/2015; Ruling Judge: Sanford Steckler; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Maxwell and Beam, JJ., Concur. Waller, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Dickinson, P.J., Kitchens and King, JJ. Concurring in Part and Dissenting in Part Opinion: Waller, C.J. Votes: Dickinson, P.J., Kitchens and King, JJ., Join This Opinion.

City of Jackson, Mississippi v. Willie B. Jordan; Hinds Circuit Court 1st District; LC Case #: 251-08-897CIV; Ruling Date: 03/05/2015; Ruling Judge: William Gowan, Jr.; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Terry Roberson a/k/a "P.I." a/k/a Terry Fernando Roberson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2014-0028; Ruling Date: 05/21/2015; Ruling Judge: Charles Webster; Majority Opinion: Dickinson, P.J. Disposition: Count I: Conviction of First Degree Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Possession of a Firearm by a Convicted Felon and Sentence of Ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. The sentence in Count I shall run consecutively to any and all sentences previously imposed. The sentence in Count II shall run consecutively to the sentence in Count I. Coahoma County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Jerome Clemons a/k/a Jerome Jermaine Clemons a/k/a Jerome J. Clemons v. State of Mississippi; Kemper Circuit Court; LC Case #: 2013-CR-41; Ruling Date: 04/30/2015; Ruling Judge: Robert Bailey; Majority Opinion: Waller, C.J. Disposition: Conviction of Felony DUI and Sentence of Five (5) years in the custody of the Mississippi Department of Corrections, Affirmed. Appellant shall pay a fine of $2,000, $500 VCF, $10 VBF, $1,000 Appearance Bond fee, and court costs in the amount of $383.50 for a total sum due of $3,893.50. Appellant shall be given credit for 481 days served on this charge. Appellant shall report to the Kemper County Circuit Court within Thirty (30) days of release from custody to arrange for payment of all sums ordered herein, and shall comply with said payment arrangement or be cited for contempt of court. Payment in full of any sum owed shall be a condition of any early release. Any cash bond posted by the Appellant is forfeited and shall be applied to sums due. Kemper County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Adrel Ryan Tutwiler a/k/a Adrel Tutwiler v. State of Mississippi; Forrest Circuit Court; LC Case #: 13-109-CR; Ruling Date: 03/13/2014; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed by Adrel Ryan Tutwiler 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.

In Re: Ralph Arnold Smith, Jr. and North Central Mississippi Regional Cancer Center, Inc.; Leflore Circuit Court; LC Case #: 2012-0053; Ruling Date: 07/16/2014; Ruling Judge: L. Hilburn; Disposition: The Petitioner's Petition for Recusal of Supreme Court Justice and for Review under the Structural Error Standard is dismissed. Kitchens and Coleman, JJ., Not Participating. Order entered 8/11/16.

Lagniappe Logistics, Inc. and Carlos Rodriguez, Jr. v. Scott M. Buras; Hinds Chancery Court 1st District; LC Case #: G2014-184; Ruling Date: 07/17/2014; Ruling Judge: Denise Owens; Majority Opinion: Dickinson, P.J. Disposition: Affirmed and Remanded. Appellants are taxed with costs of appeal. Votes: Lamar, Kitchens, King and Coleman, JJ., Concur. Maxwell, J., Dissents with Separate Written Opinion Joined by Waller, C.J., Randolph, P.J., and Beam, J. Dissenting Opinion: Maxwell, J. Votes: Waller, C.J., Randolph, P.J., and Beam, J., Join This Opinion.

Tommy L. Ewing, Jr. v. Lisa Younger Neese, Lowndes County Chancery Clerk; Lowndes Chancery Court; LC Case #: 2006-0150-C; Ruling Date: 09/29/2014; Ruling Judge: Dorothy Colom; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Lamar, Kitchens, King and Coleman, JJ., Concur. Randolph, P.J., Dissents with Separate Written Opinion Joined by Waller, C.J., Maxwell and Beam, JJ. Dissenting Opinion: Randolph, P.J. Votes: Waller, C.J., Maxwell and Beam, JJ., Join This Opinion.

Peter Barrett and Fay Barrett v. City of Gulfport, Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-09-38; Ruling Date: 02/10/2015; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Motion for Rehearing filed by Appellants is denied.

Ralph Arnold Smith, Jr v. The State of Mississippi and The Office of the District Attorney for the Fourth Circuit Court District of Mississippi; Leflore Chancery Court; LC Case #: L-14-0144; Ruling Date: 07/23/2015; Ruling Judge: Hollis McGehee; Disposition: The Appellant's Petition for Recusal of Supreme Court Justice and for Review under the Structural Error Standard seeking the recusal of Justice James W. Kitchens is denied. Kitchens and Coleman, JJ., Not Participating. Order entered 8/11/16.

In Re: Robert Shuler Smith; Hinds Circuit Court 1st District; LC Case #: 14-CV-9004; Ruling Judge: Jeff Weill, Sr.; Disposition: Before the Court, en banc, is the Mississippi Attorney General's Motion for Extraordinary Writ and for Appointment of Special Judge and for Supplemental Relief. The State's motion to file the aforementioned motion under seal is dismissed as moot, as the motion was physically filed under seal and, pursuant to M.R.A.P. 48A(c), it shall remain sealed until unsealed by order of this Court. The State's motion for an extraordinary writ disqualifying the Hinds County District Attorney, Robert Shuler Smith, and his Assistant District Attorneys from attending the grand jury in Hinds County is dismissed without prejudice to be presented to Special Circuit Judge Larry E. Roberts in the Hinds County Circuit Court. The State's motion to hold in abeyance any ruling on "Robert Smith's Motion for Writs of Prohibition and Mandamus with Respect to Order Stripping Him of His Duties as District Attorney" is denied. The State's motion for the appointment of a Special Judge is dismissed as moot. The State's motion to disqualify Attorney Jim Waide as counsel for District Attorney Smith is dismissed without prejudice to be filed in the trial court. Agree: All Justices. 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 hereby specially appointed Special Judge to preside and conduct proceedings in the above reference cases pursuant to and by authority of Mississippi Code Annotated, 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. 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 Shular Smith, the Hinds County District Attorney, pending or subsequently filed, including any related criminal actions, until further order of the Court. The Clerk of this Court shall 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. Corrected Order Appointing Special Judge entered 8/11/16.

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: The Mississippi Attorney General's Motion for Clarification Regarding Appointment of Special Judges is dismissed as moot. To Dismiss As Moot: All Justices. Order entered 8/11/16.

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: The Mississippi Attorney General's Motion for Clarification Regarding Appointment of Special Judges is dismissed as moot. To Dismiss As Moot: All Justices. Order entered 8/11/16.