09/28/2023 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2017-DR-00696-SCT

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Disposition: Petitioner's Motion for Rehearing is denied. The original opinion is withdrawn, and this opinion is substituted. Post-Conviction Relief is denied. Kitchens and King, P.JJ., would grant. See opinion of this Court handed down this date.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Majority Opinion: Coleman, J. Disposition: Post-Conviction Relief Denied. Forrest County taxed with costs of appeal. Votes: Randolph, C.J., Maxwell, Beam, Chamberlin and Griffis, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, P.J., and Ishee, J. Dissenting Opinion: Kitchens, P.J. Votes: King, P.J., and Ishee, J., Join This Opinion.

S.F. v. Lamar County Department of Child Protection Services by Marcus Davenport, L.J.F. and Z.E.F., Minors, by and Through Their Next Friend, Marcus Davenport; Lamar Youth Court; LC Case #: 2786T; Ruling Date: 01/26/2021; Ruling Judge: William Andrews, III; Consolidated with 2022-CA-00695-SCT Z. E. F., Minor, by Through Next Friend, Marcus D. Davenport v. Lamar County Department of Child Protection Services; Lamar County Court; LC Case #: 37-YC-2020-T-2-1(525009)2; Ruling Date: 01/26/2021; Ruling Judge: William Andrews, III; Majority Opinion: Beam, J. Disposition: Affirmed. Lamar County taxed with costs of appeal. Votes: Randolph, C.J., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur. King, P.J., Dissents With Separate Written Opinion Joined by Kitchens, P.J. Dissenting Opinion: King, P.J. Votes: Kitchens, P.J., Joins This Opinion.

Britt Virden v. Campbell Delong, LLP, Harold H. Mitchell, Jr., Robert N. Warrington, P. Scott Phillips, Bradley F. Hathaway and Frank G. Power; Washington Circuit Court; LC Case #: 76CI1:19-cv-00078; Ruling Date: 11/10/2020; Ruling Judge: Barry Ford; Majority Opinion: Beam, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Randolph, C.J., Kitchens, P.J., Chamberlin and Ishee, JJ., Concur. Griffis, J., Concurs in Result Only With Separate Written Opinion Joined by Coleman, J. Maxwell, J., Dissents With Separate Written Opinion. King, P.J., not participating. Concur in Result Only Opinion: Griffis, J. Votes: Coleman, J., Joins This Opinion. Dissenting Opinion: Maxwell, J.

James Rhea v. Career General Agency, Inc., GuideOne America Insurance Company and Dennis Basden; Union Circuit Court; LC Case #: CV2018-000272; Ruling Date: 02/03/2020; Ruling Judge: John Luther; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ., Concur.

Priceline.com, LLC, Priceline.com Incorporated n/k/a Booking Holdings, Inc., Travelweb LLC, Trip Network, Inc. d/b/a Cheaptickets.com, Orbitz, LLC, Hotels.com, L.P., Expedia, Inc., Hotwire, Inc., TVL LP f/k/a Travelocity.com LP, Site59.com, LLC v. Lynn Fitch, Attorney General of the State of Mississippi ex rel. State of Mississippi; Hinds Chancery Court 1st District; LC Case #: 25CH1:11-cv-02211; Ruling Date: 07/12/2021; Ruling Judge: Denise Owens; Majority Opinion: Chamberlin, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Coleman, Maxwell, Beam and Ishee, JJ., Concur. Randolph, C.J., Dissents With Separate Written Opinion Joined by Kitchens and King, P.JJ. King, P.J., Dissents With Separate Written Opinion Joined by Kitchens, P.J.; Randolph, C.J., Joins In Part. Griffis, J., not participating. Dissenting Opinion: Randolph, C.J. Votes: Kitchens and King, P.JJ., Join This Opinion. Dissenting Opinion: King, P.J. Votes: Kitchens, P.J., Joins This Opinion. Randolph, C.J., Joins This Opinion in Part.

Board of Aldermen of The Town of Tutwiler, Mississippi v. State of Mississippi, Office of the State Auditor; Hinds Circuit Court 1st District; LC Case #: 25CI1:17-cv-00322-WLK; Ruling Date: 07/21/2021; Ruling Judge: Winston Kidd; Disposition: Petition for Writ of Certiorari filed by counsel for Board of Aldermen of the Town of Tutwiler, Mississippi, is denied. To Deny: All Justices. Order entered 9/20/23.

James K. Warrington, Individually and As Parent and Legal-Natural Guardian of His Minor Child J.P.W., Kingsley Elise Warrington and Wesley Ann Warrington v. Watkins & Eager, PLLC, Jacks Griffith Luciano, P.A., and Hunt Ross & Allen, a Professional Association; Lafayette Chancery Court; LC Case #: CV2021-698; Ruling Date: 04/04/2022; Ruling Judge: Robert Whitwell; Majority Opinion: Griffis, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

The Mississippi Bar v. Mark T. McLeod; Majority Opinion: Randolph, C.J. Disposition: After the mandate has been issued in this case, Mark T. McLeod shall appear the first day of the next term of the Circuit Court of the First Judicial District of Hinds County to be publicly reprimanded in open court by the presiding judge. Mark T. McLeod shall be assessed all costs and expenses. Mark T. McLeod taxed with costs. Votes: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Kevin Jackson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-1-14-CR; Ruling Judge: Adrienne Hooper-Wooten; Disposition: Kevin Jackson's Application for Post-Conviction Relief or for Leave to Proceed in the Trial Court is denied. But this Court shall transfer jurisdiction over the convictions and sentences affirmed by Jackson v. State, 815 So. 2d 1196 (Miss. 2002), to the Hinds County Circuit Court, First Judicial District, so Jackson may present his clerical-error claim to that court. Agree: Maxwell, Beam and Chamberlin, JJ. Agree in Part: Kitchens and King, P.JJ., and Ishee, J. Disagree: Randolph, C.J., Coleman and Griffis, JJ. Kitchens, P.J., Joining in Part with Separate Written Statement Joined by King, P.J., and Ishee, J. Coleman, J., Objects to the Order with Separate Written Statement Joined by Randolph, C.J., and Griffis, J. Order entered 9/19/23.

The Mississippi Bar v. Eugene Edward Taylor, III; Disposition: Before the Court En Banc is the Mississippi Bar's Formal Complaint against Eugene Edward Taylor, III, seeking reciprocal discipline under Rule 13(a) of the Rules of Discipline for the Mississippi State Bar. Because Taylor failed to report the disciplinary action he received from Texas, he is suspended from practice pending final resolution of this matter by the Court. All Justices Agree. Order entered 9/21/23.

The Mississippi Bar v. Eugene Edward Taylor, III; Disposition: Motion for Reimbursement of Costs and Expenses filed by The Mississippi Bar is granted. See opinion of this Court handed down this date.

The Mississippi Bar v. Eugene Edward Taylor, III; Majority Opinion: King, P.J. Disposition: Eugene Edward Taylor, III, is suspended from the practice of law in Mississippi for twenty-four months beginning from the point at which Taylor pays his mandatory bar dues and is reinstated. Taylor is assessed all costs and expenses of this disciplinary action. Taylor shall reimburse The Mississippi Bar $216.13, to be paid within thirty days of the date of this decision. Eugene Edward Taylor, III, taxed with costs. Votes: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Singing River Health System d/b/a Ocean Springs Hospital v. Amanda Branning, Michael Hilling and Ashley Stonebreaker Individually and on Behalf of all Wrongful Death Beneficiaries of Cheryl Longfellow, Deceased and the Estate of Cheryl Longfellow by and Through Amanda Branning Administratrix; Jackson Circuit Court; LC Case #: 30CI1:22-cv-00048-KJ; Ruling Date: 04/21/2023; Ruling Judge: Kathy Jackson; Disposition: Petition for Interlocutory Appeal is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman and Ishee, JJ. To Grant: Maxwell, Chamberlin and Griffis, JJ. Not Participating: Beam, J. Order entered 9/22/23.

In Re: Hon. James McClure, III; Panola Circuit Court 2nd District; LC Case #: 2022-257 SMP2; Ruling Judge: James McClure, III; Disposition: Petition for Writ of Mandamus and/or Prohibition filed by Circuit Court Judge James McClure, III, is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Ishee and Griffis, JJ. Not Participating: Coleman, Maxwell, Beam and Chamberlin, JJ. Order entered 9/22/23.