09/24/2020 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis, J.
X  2018-AN-01744-SCT

In the Matter of the Enlarging, Extending and Defining the Corporate Limits and Boundaries: Pendorff Community Association, LLC v. The City of Laurel, Mississippi; Jones Chancery Court 1st District; LC Case #: 18-cv-0060 & 17-cv-00232; Ruling Date: 11/20/2018; Ruling Judge: James Bell; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Mann Agency, LLC v. Mississippi Department of Public Safety; Hinds Circuit Court 1st District; LC Case #: 25CI1:17-cv-00389-EFP; Ruling Date: 12/18/2018; Ruling Judge: Joseph Sclafani; Majority Opinion: King, P.J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. Appellee/Cross-Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: Rules of Professional Conduct; Disposition: The Petition to Amend Certain Rules of the Mississippi Rules of Professional Conduct is hereby granted in part. Rule 7.7 of the Mississippi Rules of Professional Conduct is amended as set forth in Exhibit A effective immediately. The petition remains pending before the Court. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). Agree: Kitchens and King, P.JJ., Chamberlin, Griffis and Beam, JJ. Disagree: Randolph, C.J., Coleman, Maxwell and Ishee, JJ.

Willie Jerome Manning a/k/a Fly v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0144-CV; Ruling Date: 06/25/1998; Ruling Judge: Lee Howard; Disposition: The Motion for Approval of Attorney Fees and Expenses is granted. All Justices Agree to Grant. Order entered on 9/16/20.

Daryl Fitzgerald Johnson a/k/a Daryl F. Johnson a/k/a Daryl Johnson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-14-499; Ruling Date: 03/17/2016; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Daryl Johnson's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered on 9/16/20.

Justyn Matthew Schlegel a/k/a Justyn Schlegel v. State of Mississippi; Neshoba Circuit Court; LC Case #: 16-CR-0073-NS-CC; Ruling Date: 11/30/2017; Ruling Judge: Christopher Collins; Disposition: The Petition for Writ of Certiorari filed by Justyn Matthew Schlegel is denied. All Justices Agree. Order entered.

Susan C. Cutrer, Richard Michael Saucier, Barbara James, Sherman Miller, Karen Reeves, and Michael Reeves v. Singing River Health System; Jackson Circuit Court; LC Case #: 2013-00,270(1)&2016-00247; Ruling Date: 06/28/2017; Ruling Judge: James Bell; Disposition: The Petition for Writ of Certiorari filed by Susan C. Cutrer, et al., is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Randolph, C.J. Order entered on 9/21/20.

Christie Roberson v. Amory HMA LLC, Amory HMA Physician Management LLC, and Brian McCoy, M.D.; Monroe Circuit Court; LC Case #: 2015-211-GM; Ruling Date: 03/27/2018; Ruling Judge: Thomas Gardner, III; Disposition: The Petition for Writ of Certiorari filed by Christie Roberson is denied. To Deny: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: King, P.J. Order entered on 9/21/20.

Antonio Demarao Harris a/k/a Antonio Harris v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 17-CV- 141 (W); Ruling Date: 10/01/2018; Ruling Judge: Lester Williamson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Antonio Demarao Harris is denied. To Deny: All Justices. Order entered on 9/22/20.

Roosevelt Phillips, Jr. v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2015-0040; Ruling Date: 11/16/2018; Ruling Judge: Albert Smith, III; Disposition: Roosevelt Phillips's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered on 9/22/20.

Bobby Batiste a/k/a Bobby L. Batiste a/k/a Bobby L. Batiste, Jr. a/k/a Bobby Lionel Batiste, Jr. a/k/a Bobby Lionel Batiste v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2015-0133-CVK; Ruling Date: 12/18/2018; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Chamberlin, J. Disposition: Remanded. Oktibbeha County taxed with costs of appeal. Votes: Coleman, Maxwell, Beam and Ishee, JJ., Concur. Randolph, C.J., Dissents with Separate Written Opinion Joined by Griffis, J.; Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Join in Part. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, P.J. Dissenting Opinion: Randolph, C.J. Votes: Griffis, J., Joins This Opinion. Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Join This Opinion in Part. Dissenting Opinion: Kitchens, P.J. Votes: King, P.J., Joins This Opinion.

Ashton Myota Thompson v. State of Mississippi; Newton Circuit Court; LC Case #: 18-CR-012-NW-CC; Ruling Date: 09/07/2018; Ruling Judge: Christopher Collins; Disposition: The Petition for Writ of Certiorari filed by Ashton Myota Thompson is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered on 9/22/20.

The Mississippi Bar v. Wanda X. Abioto; Disposition: The Motion for Rehearing filed by Wanda Abioto is denied. Kitchens and King, P.JJ., would grant.

Mississippi Commission on Judicial Performance v. Judge Teresa G. Bozeman; LC Case #: 2019- 033& 2019- 140; Ruling Date: 01/31/2020; Ruling Judge: Kent McDaniel; Disposition: The Joint Motion for Approval of Recommendation filed by the Mississippi Commission on Judicial Performance is granted. See opinion of this Court handed down this date.

Mississippi Commission on Judicial Performance v. Judge Teresa G. Bozeman; LC Case #: 2019- 033& 2019- 140; Ruling Date: 01/31/2020; Ruling Judge: Kent McDaniel; Majority Opinion: Griffis, J. Disposition: Copiah County Justice Court Judge Teresa G. Bozeman shall be suspended from office for a period of thirty days without pay, effective on the date of the issuance of this Court's mandate, shall be publicly reprimanded, and shall be fined $1,000. The public reprimand shall be read in open court by the presiding judge on the first day of the next term of the Circuit Court of Copiah County after the issuance of this Court's mandate, with Judge Bozeman present. Justice Court Judge Teresa G. Bozeman taxed with costs. Votes: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., not participating.