Supreme Court of MississippiHand Down List
September 21, 2023
09/21/2023 - Hand Down and published opinions in WordPerfect/ZIP format
Maxwell, James D., J.
X 2022-CA-00837-SCT
In Re The Estate of Herbert Bernard Ivison, Jr.: Malouf & Malouf, PLLC v. The Estate of Herbert Bernard Ivison, Jr.; Scott Chancery Court; LC Case #: 62CH1:14-cv-00692; Ruling Date: 07/28/2022; Ruling Judge: Janace Goree; Majority Opinion: Maxwell, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin and Ishee, JJ., Concur. Griffis, J., not participating.
Kitchens, James W., P.J.
X 2020-CA-01206-SCT
Deborah West v. Charles Timothy West, West Quality Food Services, Inc., and Coastal Express, Inc.; Jones Chancery Court 1st District; LC Case #: 34CH1:94-cv-00191; Ruling Date: 06/29/2020; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2022-CA-00147-SCT Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 34CH1:21-cv-00007; Ruling Date: 01/18/2022; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2002-IA-01158-SCT Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 07/08/2002; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2008-CA-01700-SCT Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC v. Deborah Gayle Thornton West; Jones Chancery Court 1st District; LC Case #: 94-0191E; Ruling Date: 05/08/2008; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2009-CA-01877-SCT Deborah Gayle Thornton West v. West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 10/20/2009; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2010-CA-00316-SCT Deborah Gayle Thornton West v. Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company, KT of Baton Rouge and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 02/09/2010; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Kitchens, P.J. Disposition: As to No. 2020-CA-01206-SCT on Direct Appeal: Reversed and Remanded. As to 2020-CA-01206-SCT on Cross-Appeal: Reversed and Remanded. As to 2022-CA-00147-SCT: Reversed and Rendered.
As to 2020-CA-01206-SCT on Direct Appeal: All Appellees taxed with costs of appeal. As to 2020-CA-01206-SCT on Cross-Appeal: Deborah West taxed with costs of appeal. As to 2022-CA-00147-SCT: Charles Timothy West taxed with costs of appeal. Votes: King, P.J., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur. Randolph, C.J., and Beam, J., not participating.
EN BANC
2021-M-00111
Corey Moore v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 15-0-174; Ruling Judge: Jeff Weill, Sr.; Disposition: The Application for Leave to Proceed in the Trial Court filed by Corey Moore is denied. Finding that the present filing is frivolous, Moore is hereby warned that future filings deemed frivolous may result not only in monetary sanctions but also restrictions on filing applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis. See En Banc Order, Fairley v. State, 2014-M-01185 (Miss. May 3, 2018) (citing Order, Bownes v. State, 2014-M-00478 (Miss. Sept. 20, 2017)). To Deny with Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 9/18/23.
EN BANC
2022-CT-00088-SCT
Lorenzo Hull v. State of Mississippi; Warren Circuit Court; LC Case #: 75CI1:12-cr-130; Ruling Date: 12/22/2021; Ruling Judge: Toni Terrett; Disposition: Petition for Writ of Certiorari filed by Lorenzo Hull is denied. To Deny: All Justices. Order entered 9/18/23.
EN BANC
XXX 2022-KA-00754-SCT
Rita Ann Jenkins v. State of Mississippi; Neshoba Circuit Court; LC Case #: 22-CR-0006-NS-CM; Ruling Date: 07/22/2022; Ruling Judge: Caleb May; Majority Opinion: Randolph, C.J. Disposition: Affirmed. Neshoba County taxed with costs of appeal. Votes: Coleman, Beam, Chamberlin and Griffis, JJ., Concur. Maxwell, J., Specially Concurs With Separate Written Opinion Joined by Coleman, Beam, Chamberlin and Griffis, JJ. Kitchens, P.J., Dissents With Separate Written Opinion Joined by King, P.J., and Ishee, J. Specially Concurring Opinion: Maxwell, J. Votes: Coleman, Beam, Chamberlin and Griffis, JJ., Join This Opinion. Dissenting Opinion: Kitchens, P.J. Votes: King, P.J., and Ishee, J., Join This Opinion.
EN BANC
2022-CA-00837-SCT
In Re The Estate of Herbert Bernard Ivison, Jr.: Malouf & Malouf, PLLC v. The Estate of Herbert Bernard Ivison, Jr.; Scott Chancery Court; LC Case #: 62CH1:14-cv-00692; Ruling Date: 07/28/2022; Ruling Judge: Janace Goree; Disposition: Motion to Dismiss Appeal for Lack of Subject Matter Jurisdition [sic] Due to Untimely Notice of Appeal is denied. See opinion of this Court handed down this date.
EN BANC
XX 2023-CA-00584-SCT
Ann Saunders, Sabreen Sharrief, and Dorothy Triplett v. State of Mississippi; State of Mississippi, ex rel. Tate Reeves, In His Official Capacity as Governor of Mississippi; State of Mississippi, ex rel. Lynn Fitch, In Her Official Capacity as Attorney General of Mississippi; Honorable Michael K. Randolph, In His Official Capacity as Chief Justice of The Mississippi Supreme Court; Zack Wallace, In His Official Capacity as Circuit Clerk of the Circuit Court of Hinds County, Mississippi; and Greg Snowden, In His Official Capacity as Director of the Administrative Office of Courts; Hinds Chancery Court 1st District; LC Case #: 25CH1:23-cv-00421; Ruling Date: 05/15/2023; Ruling Judge: J. Thomas; Majority Opinion: Maxwell, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellants and Appellees taxed with costs of appeal. Votes: Coleman, Beam, Chamberlin, Ishee and Griffis, JJ., Concur. Kitchens, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by King, P.J. Randolph, C.J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, P.J. Votes: King, P.J., Joins This Opinion.