09/12/2019 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael, J.
X  2018-IA-00594-SCT

Emile Dalon, in his Individual Capacity as Wrongful Death Beneficiary of Carol Ann Dalon, Deceased and the Estate of Carol Ann Dalon v. MS HUD Ocean Springs LLC d/b/a Ocean Springs Health and Rehabilitation Center, incorrectly named as Gulf Coast Health Care of Delaware, LLC a/k/a Gulf Coast Health Care LLC, and Linda Cosio; Jackson Circuit Court; LC Case #: 2017-00,150(2); Ruling Date: 04/02/2018; Ruling Judge: Kathy Jackson; Majority Opinion: Ishee, J. Disposition: Affirmed. Appellants are taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ., Concur.

Dr. Timothy Chen v. Daniel Shope; Hinds County Court 1st District; LC Case #: 25CO1:18-cv-01061-LCS; Ruling Date: 09/27/2018; Ruling Judge: LaRita Cooper-Stokes; Majority Opinion: Randolph, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Gerome Moore a/k/a Gerome Montreal Moore v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 15-0-176; Ruling Date: 03/02/2017; Ruling Judge: Jeff Weill, Sr.; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens and King, P.JJ., would grant. Opinion modified at paragraph 54.

Gerome Moore a/k/a Gerome Montreal Moore v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 15-0-176; Ruling Date: 03/02/2017; Ruling Judge: Jeff Weill, Sr.; Disposition: Appellee's Motion for Rehearing is denied. Opinion modified at paragraph 54.

John E. Wrenn a/k/a John E. Wrenn Jr. a/k/a John Edward Wrenn a/k/a John Wrenn v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2011-490GCD; Ruling Date: 04/24/2017; Ruling Judge: Gerald Chatham, Sr.; Disposition: The Petition for Writ of Certiorari filed by John E. Wrenn is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Ishee, JJ. Not Participating: Chamberlin and Griffis, JJ. Order entered.

Laura B. White, LMK LLC, Mary S. Bell, Margaret Copeland, and Bettye Bell v. City of Starkville, Mississippi, and Golden Triangle Development LINK; Oktibbeha Circuit Court; LC Case #: 2017-0014-CV1 K; Ruling Date: 05/16/2017; Ruling Judge: James Kitchens, Jr.; Disposition: The Petition for Writ of Certiorari filed by the petitioners is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.

Fabiyonne Peel a/k/a Fabiyonne K. Peel v. State of Mississippi; Madison Circuit Court; LC Case #: 2016-0227; Ruling Date: 05/10/2017; Ruling Judge: William Chapman, III; Disposition: The Petition for Writ of Certiorari filed by Fabiyonne Peel is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered.

Demario Walker a/k/a Demario D. Walker a/k/a Demario Dontez Walker v. State of Mississippi; Rankin Circuit Court; LC Case #: 16-231; Ruling Date: 09/26/2017; Ruling Judge: Steve Ratcliff, III; Disposition: Demario Walker's pro se Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.

James Cobb Hutto, III a/k/a James C. Hutto III a/k/a James C. Hutto a/k/a James Hutto III a/k/a James Hutto a/k/a Jamie Hutto a/k/a The Hitman a/k/a James Cobb Hutto v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 11-5005; Ruling Date: 05/28/2013; Ruling Judge: William Gowan, Jr.; Disposition: James Cobb Hutto's Motion for Sealed Documents to Remain Under Seal is denied. The Clerk of the Court shall redact the names of the alleged perpetrators and alleged victims of abuse from Exhibits 5 and 6. All Justices Agree. Order entered.

Montrell Croft a/k/a Montrel Lashun Croft a/k/a G-Money a/k/a Montrell Lashaun Croft a/k/a Montrell L. Croft v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 197-16; Ruling Date: 09/07/2017; Ruling Judge: Lester Williamson, Jr.; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens and King, P.JJ., would grant.

Anthony Carr v. State of Mississippi; Quitman Circuit Court; LC Case #: 5115; Ruling Date: 09/25/2017; Ruling Judge: Charles Webster; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens and King, P.JJ., and Ishee, J., would grant.

Mar-Jac Poultry MS, LLC v. Patricia Love, Individually, and as Next Best Friend, and Personal Representative of Keannie Love, and on Behalf of the Wrongful Death Beneficiaries of Keannie Love and LaShawn Miller, Individually, and as Next Best Friend, and Personal Representative of Lishanay Wilks, and on Behalf of the Wrongful Death Beneficiaries of Lishanay Wilks; Covington Circuit Court; LC Case #: 2016-074C-1; Ruling Date: 10/12/2017; Ruling Judge: Eddie Bowen; Disposition: Appellee, Lashawn Miller's Motion for Rehearing is denied. Kitchens and King, P.JJ., would grant.

DeSoto County, Mississippi v. Standard Construction Company, Inc.; DeSoto Circuit Court; LC Case #: 17CI1:16-cv-00186-GC; Ruling Date: 09/29/2017; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Coleman, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The Judgment of the DeSoto County Circuit Court is Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam and Ishee, JJ., Concur. Chamberlin and Griffis, JJ., not participating.

Victor Hurns v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 7199; Ruling Judge: Linda Coleman; Disposition: The Motion to Amend P.C.R. Supplement Arguments filed by Victor Hurns is granted. Victor Hurns's "Successive Application/Motion for Postconviction Relief Under Miss. Code Ann. 99-39-5(1)" is denied. Hurns 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 Hurns 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 Dismiss: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Zundria D. Crawford v. The Mississippi Board of Bar Admissions; Hinds Chancery Court 1st District; LC Case #: 25CH1:16-cv-00222; Ruling Date: 05/03/2018; Ruling Judge: Denise Owens; Disposition: The Motion for Recusal of Justices and to Stay Proceedings and Briefing Schedule filed by Zundria D. Crawford, pro se, is denied. All Justices Agree. Order entered 9/06/19.

H.R. Garner v. David Smith; DeSoto Chancery Court; LC Case #: 10-CV-2476ML; Ruling Date: 08/15/2018; Ruling Judge: Vicki Daniels; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., and Chamberlin, J., not participating.

State of Mississippi v. Thong Le; Jackson Circuit Court; LC Case #: 30CI1:16-cv-00079-RK; Ruling Date: 04/23/2019; Ruling Judge: Robert Krebs; Disposition: The State of Mississippi's Petition for Interlocutory Appeal is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Griffis, J. Order entered.