09/14/2023 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D., J.
X  2022-CP-00528-SCT

Matthew Wade Gilmer v. Michele Biegel, Bettie Ruth Johnson, Law Office of Bettie Ruth Johnson, PLLC, Drew McLemore Martin, Charles McRae and McRae Law Firm, PLLC; Madison Circuit Court; LC Case #: 45CI1:20-cv-00048; Ruling Date: 05/04/2022; Ruling Judge: Jess Dickinson; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

West Jasper Consolidated School District v. Charles Thomas Rogers and William Michael Rogers; Jasper Chancery Court 2nd District; LC Case #: 31CH2:18-cv-02073-RML; Ruling Date: 11/02/2020; Ruling Judge: Robert Logan, Jr.; Disposition: Petition for Writ of Certiorari filed by West Jasper Consolidated School District is denied. All Justices Agree to Deny. Order entered 9/6/23.

In The Matter of The Estate of Frederick Adams Biddle, Deceased: Richard Brian Biddle and Brian Baines Biddle v. Dianne Biddle; Tishomingo Chancery Court; LC Case #: 2017-000128-71-MM; Ruling Date: 04/26/2021; Ruling Judge: C. Malski; Disposition: The motion for rehearing filed by Brian Baines Biddle is denied.

Babette Maxwell, Individually and as Executrix of the Estates of William Irwin, Deceased, and Lynda Irwin, Deceased, and for and on Behalf of the Wrongful Death Beneficiaries of William Irwin, Deceased, and Lynda Irwin, Deceased v. Panola County, Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2015-257SMP2; Ruling Date: 07/28/2021; Ruling Judge: Smith Murphey; Disposition: Petition for Writ of Certiorari filed by Babette Maxwell is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 9/8/23.

Terry Lynn Barber a/k/a Terry L. Barber a/k/a Terry Barber v. State of Mississippi; DeSoto Circuit Court; LC Case #: 20-cr-00804-GC-1; Ruling Date: 12/15/2021; Ruling Judge: Gerald Chatham, Sr.; Disposition: The Motion to Reconsider and Writ of Prohibtion [sic] filed by the appellant, which is in the nature of a motion for rehearing, is denied. Chamberlin, J., not participating.

James Fair, Jr. v. State of Mississippi; Copiah Circuit Court; LC Case #: 98-0082-CR; Ruling Judge: Tomika Irving; Disposition: The Application for Leave to Proceed in the Trial Court and amendment thereto filed by James Fair, Jr. is denied. Finding that the application is successive and frivolous, Fair is hereby warned that future filings deemed frivolous may result not only in monetary sanctions but also in restrictions on filing applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis. See Order, Dunn v. State, No. 2016-M-01514, at *2 (Miss. Nov. 15, 2018) (citing En Banc Order, Fairley v. State, 2014-M-01185 (Miss. May 3, 2018)). To Deny with Sanctions Warning: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ., and Coleman, J. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 9/8/23.