09/25/2014 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99001-SCT

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, Rule 3(c) of the Mississippi Rules of Civil Procedure is amended as set forth in Exhibit "A." The amendment is effective upon the entry of this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of the Mississippi Rules of Court. All Justices Agree. Order entered.

In Re: The Rules of Civil Procedure; Disposition: The Motion to Adopt and Amend Certain Rules of Civil Procedure and Associated Comments filed by the Advisory Committee on Rules is granted in part, denied in part, and dismissed as moot in part. Rule 42 is amended as set forth in Exhibit "A." The amendment is effective upon the entry of this order. The proposed amendment to Rule 42A is denied. The proposed amendments to the Comments to Rules 42 and 42A are dismissed as moot. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. All Justices Agree. Order entered.

In Re: Advisory Committee on Rules; Disposition: On the Court's own motion, the Court's Finance Director shall, as soon as practicable, transfer $20,000 from the Judicial System Operation Fund (Treasury Fund No. 33066) created under section 9-21-45 of the Mississippi Code to "The Mississippi Supreme Court Advisory Committee on Rules." The check shall be sent to the Committee's Treasurer, Colette Oldmixon, at Post Office Box 393, Poplarville, Mississippi 39470. All Justices Agree. Order entered.

Grace West Jennings v. Thomas S. Shuler, Individually, and McClure & Shuler, a Partnership, Composed of Thomas S. Shuler, James McClure, Jr., and James McClure, III, as Partners of the Partnership; Panola Circuit Court 1st District; LC Case #: CV2011-187SMPI; Ruling Date: 08/16/2012; Ruling Judge: R. Coleman; Disposition: Petition for writ of certiorari filed by Grace West Jennings is denied. To Deny: Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Waller, C.J., and Randolph, P.J. Not Participating: Lamar, J. Order entered.

Patrick O'Neal Savontrell Montgomery, a Minor, by and through Patrick Townsend, Father and Next Friend v. Mississippi Baptist Health Systems, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-01-19CIV; Ruling Date: 07/19/2012; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Mississippi Baptist Health Systems, Inc., is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ. To Grant: Randolph, P.J., Lamar and Coleman, JJ. Order entered.

Kenyatta Donta Cheeks v. AutoZone, Inc., AutoZone Mississippi, Inc., Autozone Stores, Inc. and AutoZone Mississippi Properties, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-10-841CIV; Ruling Date: 10/10/2012; Ruling Judge: William Gowan, Jr.; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Lamar, Kitchens, Chandler and King, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and Pierce, J. Coleman, J., not participating. Dissenting Opinion: Waller, C.J. Votes: Dickinson, P.J., and Pierce, J., Join This Opinion.

Ryan Savinell a/k/a Ryan Anthony Savinell v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2012-319RCD; Ruling Date: 03/18/2013; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by Ryan Savinell, pro se, is denied. To Deny: All Justices. Order entered.

Charles Ray Crawford v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK93-256; Ruling Date: 03/12/1998; Ruling Judge: R. Coleman; Disposition: Before the Court for consideration are Charles Crawford's Motion to Seal Documents, Supplement to Motion to Seal Documents, Motion to Withdraw Motion to Seal Documents and Substitute Attached Amended Motion to Seal Documents, and Motion to Substitute Exhibit, all filed in support of his Petition for Post-Conviction Relief. Mississippi Rule of Appellate Procedure 48A(c), provides that documents filed physically under seal with this Court shall remain sealed unless this Court enters an order to the contrary. Pursuant to MRAP 48A(c), Crawford filed documents with this Court under seal. The Court finds that these documents are medical records concerning Crawford's mental condition. Because Crawford has placed his mental condition in issue, he no longer enjoys a medical privilege as to these documents pursuant to MRE 503(f). The Court therefore orders that the documents on file under seal in this case shall be unsealed. All Justices Agree. Order entered.

Erik Wayne Hollie v. State of Mississippi; Copiah Circuit Court; LC Case #: 2009-218CR; Ruling Date: 03/16/2010; Ruling Judge: Lamar Pickard; Disposition: Motion for Competency Determination filed by the Office of the State Public Defender, Capital Defense Counsel Division, on behalf of Erik Wayne Hollie is denied. Motion for Leave to File Supporting Exhibits Non-Electronically filed by the Office of the State Public Defender, Capital Defense Counsel Division, on behalf of Eric Wayne Hollie is denied. As Hollie has placed his medical condition in issue, the documents on file under seal in this case are hereby unsealed. To Deny: All Justices. Order entered.

Christopher Spell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-12-875CIV; Ruling Date: 02/28/2014; Ruling Judge: Tomie Green; Disposition: Motion to Show Cause for a Continuance for Additional Time to File Appeal Within the Court filed pro se by Petitioner is granted. The notice of appeal is deemed to have been filed. The appeal shall proceed in accordance with M.R.A.P. 10 and 11. Chandler and Coleman, JJ., would deny. Order entered.

Diamondhead Resort, LLC v. Margaret Magers; Hancock Circuit Court; LC Case #: 11-0592; Ruling Date: 06/05/2014; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for Interlocutory Appeal filed by Diamondhead Resort, LLC, is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Coleman, J. Order entered.