08/20/2020 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P., J.
X  2018-CA-01448-SCT

William H. "Skip" Smith, Jr., Individually and on Behalf of the Wrongful Death Beneficiaries of Carolyn Smith, Deceased, and the Estate of Carolyn Smith v. Hardy Wilson Memorial Hospital; Copiah Circuit Court; LC Case #: 2016-0173; Ruling Date: 09/14/2018; Ruling Judge: David Strong, Jr.; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Ishee and Griffis, JJ., Concur. Kitchens, P.J., not participating.

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, 2020: George Philip Schrader IV, Hon. Steve S. Ratcliff, III, Gina B. Tompkins, Hon. Claiborne (Buddy) McDonald IV, J. Rhea Tannehill, Jr., and Taylor A. Heck. Order entered on 08/14/20.

Ottis J. Cummings, Jr. a/k/a Ottis Junior Cummings a/k/a Otis Cummings a/k/a Ottis J. Commings a/k/a Otis J. Cummings v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2008-010-CR; Ruling Judge: Joseph Loper, Jr.; Disposition: The Application for Leave to Proceed in the Trial Court filed by Ottis J. Cummings Jr. is denied. Cummings is hereby restricted from filing further applications for post-conviction collateral relief (or pleadings in that nature) that are related to this conviction and sentence in forma pauperis. The Clerk of this Court shall not accept for filing any further applications for post-conviction collateral relief (or pleadings in that nature) from Cummings that are related to this conviction and sentence unless he pays the applicable docket fee. To Deny with Sanctions: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. Kitchens, P.J., Objects to the Order in Part with Separate Written Statement Joined by King, P.J. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Marcus McCammon a/k/a Marcus Wade McCammon a/k/a Marcus W. McCammon v. State of Mississippi; Madison Circuit Court; LC Case #: 2017-0145; Ruling Date: 10/31/2017; Ruling Judge: William Chapman, III; Disposition: The Petition for Writ of Certiorari filed by Marcus McCammon is denied. To Deny: All Justices. Order entered on 8/13/20.

Nungesser Industries LLC v. City of Jackson, Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:09-cv-00645-WAG; Ruling Date: 05/18/2018; Ruling Judge: Joseph Sclafani; Disposition: Nungesser Industries, LLC's Petition for Certiorari is denied. All Justices Agree. Order entered on 8/12/20.

Romello Wilson a/k/a Romello Curtis Wilson a/k/a Romello C. Wilson v. State of Mississippi; Madison Circuit Court; LC Case #: 45CI1:18-cv-00112; Ruling Date: 07/20/2018; Ruling Judge: John Emfinger; Disposition: Romello Wilson's petition for writ of certiorari is dismissed as untimely filed. To Dismiss As Untimely: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Chamberlin and Ishee, JJ. To Grant: King, P.J., and Griffis, J. Not Participating: Beam, J. Order entered on 8/18/20.

Romello Wilson a/k/a Romello Curtis Wilson a/k/a Romello C. Wilson v. State of Mississippi; Madison Circuit Court; LC Case #: 45CI1:18-cv-00112; Ruling Date: 07/20/2018; Ruling Judge: John Emfinger; Disposition: Romello Wilson's Petition for Writ of Certiorari is dismissed as untimely filed. To Dismiss As Untimely: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: King, P.J., and Griffis, J. Corrected Order entered on 8/18/20.

Jeffrey H. Descher v. April Pucheu Descher; Harrison Chancery Court 1st District; LC Case #: 24CH1:15-cv-01059-JP; Ruling Date: 08/22/2018; Ruling Judge: James Persons; Disposition: The Petition for Writ of Certiorari filed by counsel for Jeffrey H. Descher is granted. To Grant: Randolph, C.J., Coleman, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ., Maxwell, Beam and Chamberlin, JJ. Order entered.

Richard and Cynthia McCarver v. Richard L. Bogan and Government Employees Insurance Company; Marshall Circuit Court; LC Case #: CV2017-143; Ruling Date: 10/17/2018; Ruling Judge: Andrew Howorth; Disposition: Richard L. Bogan and Government Employees Insurance Company's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Coleman and Griffis, JJ. Order entered on 8/12/20.