10/18/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis, J.
X  2017-IA-00149-SCT

Board of Supervisors of Clarke County, Mississippi v. BTH Quitman Hickory, LLC; Clarke Circuit Court; LC Case #: 2016-117W; Ruling Date: 01/13/2017; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Purdue Pharma L.P., Purdue Pharma, Inc., The Purdue Frederick Company, Inc., Teva Pharmaceuticals, USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc. n/k/a Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., n/k/a Janssen Pharmaceuticals, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Watson Laboratories, Inc. n/k/a Actavis Laboratories UT, Inc., Actavis LLC and Actavis Pharma, Inc. f/k/a Watson Pharma, Inc. v. State of Mississippi; Hinds Chancery Court 1st District; LC Case #: G2015-1814 O/3; Ruling Date: 02/13/2017; Ruling Judge: Denise Owens; Majority Opinion: King, J. Disposition: Affirmed and Remanded. Appellants are taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., Maxwell and Beam, JJ., Concur. Waller, C.J., Dissents with Separate Written Opinion Joined in Part by Coleman and Chamberlin, JJ. Coleman, J., Dissents with Separate Written Opinion Joined by Chamberlin and Ishee, JJ.; Waller, C.J., Joins in Part. Dissenting Opinion: Waller, C.J. Votes: Coleman and Chamberlin, JJ., Join This Opinion in Part. Dissenting Opinion: Coleman, J. Votes: Chamberlin and Ishee, JJ., Join This Opinion. Waller, C.J., Joins This Opinion in Part.

In Re: Rules of Discipline for the Mississippi Bar; Disposition: En Banc order appointing or reappointing Tianna Hill Raby, Professor Donald E. Campbell, James E. Lambert, III, Kristi R. Brown, J. Cal Mayo, Jr., and Hon. Joseph E. Loper, Jr. to three-year terms (01/01/19 to 12/31/21) as members of the Complaint Tribunals. Order entered on 10/15/18.

Steve Knox a/k/a Steve Michael Knox v. State of Mississippi; Amite Circuit Court; LC Case #: 98-009-J; Ruling Date: 09/29/1999; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petitioner's Unopposed Tenth Motion for Extension of Time to File Supplemental Petition for Post-Conviction Relief is granted. Petitioner must file any supplement to his Motion for Leave to File Successive Petition for Post-Conviction Relief by November 14, 2018. Respondent will have until January 14, 2019, to respond to Petitioner's supplement. Petitioner will have until February 13, 2019, to file a rebuttal. No further extensions will be granted to file the supplemental petition for post-conviction relief absent extraordinary circumstances. To Grant: All Justices. Order entered on 10/15/18.

Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: The Motion to Lift Stay of Post-Conviction Proceedings, Remand to Circuit Court, and Set Deadline to File Amended Post-Conviction Petition filed by Petitioner is dismissed as moot in part, denied in part, and granted in part. Petitioner's amended application for leave to proceed in the trial court is due with the Court by February 28, 2019. The Motion for Leave to File Supplement to Reply in Support of Motion to Lift Stay of Post-Conviction Proceedings filed by Petitioner is dismissed as moot. The Motion to Strike filed by Respondent is denied. To Dismiss as Moot in Part, Deny in Part, and Grant in Part Motion to Lift Stay of Post-Conviction Proceedings, Remand to Circuit Court, and Set Deadline to file Amended Post-Conviction Petition: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Deny Motion to Lift Stay of Post-Conviction Proceedings, Remand to Circuit Court, and Set Deadline to file Amended Post-Conviction Petition: Ishee, J. To Dismiss as Moot Motion for Leave to file Supplement to Reply in Support of Motion to Lift Stay of Post-Conviction Proceedings: All Justices. To Deny Motion to Strike: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant Motion to Strike: Waller, C.J. Order entered.

Juanteaz McDonald a/k/a Juanteaz D. McDonald a/k/a Juantez McDonald a/k/a Juantez D. McDonald v. State of Mississippi; Madison Circuit Court; LC Case #: 2014-0347; Ruling Date: 02/02/2015; Ruling Judge: John Emfinger; Disposition: Juanteaz McDonald's Notice of Motion and Motion for Certificate of Appealability is dismissed as untimely. Order entered.

Abdur Rahim Ambrose a/k/a Abdur Ambrose v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-13-800; Ruling Date: 06/19/2015; Ruling Judge: Roger Clark; Disposition: The Motion for Rehearing filed by Appellant is denied. Opinion modified on page 1. Kitchens, P.J., and King, J., would grant.

Danny Wilson a/k/a Danny Martez Wilson v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2015-12; Ruling Date: 09/16/2015; Ruling Judge: Lamar Pickard; Disposition: The Petition for Certiorari filed by Danny Wilson is denied. To Deny: All Justices. Order entered.

Tarinika Smith, Individually and on Behalf of Kayden Johnson, Deceased, Shelena Austin Prewitt, Natural Mother and Next Friend of Xavier Austin, a Minor, Jakila Martin, a Minor, Marlo Watkins, a Minor, and Helen Yancy, a Minor, Linda Cunningham, General Guardian and Next Friend of Trevin Mays, a Minor, and Jerkisha Mays, a Minor, Christine Magee, Natural Mother and Next Friend of Monshanna Weston, Brenda Woodard, Natural Mother and Next Friend of Brenae Woodard, a Minor, Angela Craft, Natural Mother and Next Friend of Dearyell Craft, a Minor, Kaytana Dillard, Natural Mother and Next Friend of Ronisha Dillard, a Minor, Jermaine Dillard, a Minor, and Quashounta Dillard, a Minor v. Church Mutual Insurance Company and Adlai Johnson; Marshall Circuit Court; LC Case #: CV2015-139; Ruling Date: 10/24/2016; Ruling Judge: John Luther; Disposition: The Motion for Rehearing filed by Church Mutual Insurance Company is denied. The Motion for Rehearing filed by Adlai Johnson is denied. Waller, C.J., would grant both motions.

Richard Lamar Green a/k/a Richard Green v. State of Mississippi; Rankin Circuit Court; LC Case #: 27,594; Ruling Date: 06/02/2017; Ruling Judge: William Chapman, III; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Rankin County taxed with costs of appeal. Votes: Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. King, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Waller, C.J., and Kitchens, P.J. Concurring in Part and Dissenting in Part Opinion: King, J. Votes: Waller, C.J., and Kitchens, P.J., Join This Opinion.

Christopher Joseph Cummins v. Leah Jordan Goolsby; Prentiss Chancery Court; LC Case #: 2017-079(59)M; Ruling Date: 05/26/2017; Ruling Judge: Jacqueline Mask; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Beam, Chamberlin and Ishee, JJ., Concur. Coleman, J., Specially Concurs with Separate Written Opinion Joined by Ishee, J.; Randolph, P.J., and Beam, J., Join In Part. Specially Concurring Opinion: Coleman, J. Votes: Ishee, J., Joins This Opinion. Randolph, P.J., and Beam, J., Join This Opinion in Part.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: En banc order directing the disbursement of $184,309.28 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Randolph, P.J., has no objection. Order entered 10/15/18.

Forrest Thomas, III a/k/a Forrest Thomas v. State of Mississippi; Washington Circuit Court; LC Case #: 2016-0095 (CM)(W); Ruling Date: 12/27/2017; Ruling Judge: Margaret Carey-McCray; Disposition: The Clerk of this Court shall recall the mandate that issued in this matter on August 7, 2018. The Petition for Writ of Certiorari filed by Forest Thomas, III is denied. To Deny: All Justices. Order entered.

The Mississippi Bar v. John W. Lee, Jr.; Disposition: The Mississippi Bar's Motion to Accept the Irrevocable Resignation of John W. Lee Jr. is granted. The Court hereby accepts John W. Lee Jr.'s resignation with prejudice from the Mississippi Bar, and such resignation is tantamount to proof of guilt on the matter charged. The Court hereby revokes John W. Lee Jr.'s license to practice law in the State of Mississippi. The Court hereby bars John W. Lee Jr. from seeking reinstatement to the privilege of practicing law in the State of Mississippi in the future. Costs of the formal complaint shall be and are hereby assessed to John W. Lee Jr. Not Participating: Randolph and Kitchens, P.JJ. Chamberlin, J., for the Court. Order of Disbarment entered.

Julia R. Flippin Brisendine and Melanie Brisendine McCrary v. Paula Spence-Evans, M.D.; Leflore Circuit Court; LC Case #: 2015-0066CICI; Ruling Date: 06/26/2018; Ruling Judge: W. Hines; Disposition: The Petition for Interlocutory Appeal filed by Julia Brisendine and Melanie McCrary is denied. To Disagree: Kitchens, P.J., King and Coleman, JJ. Order entered.

The Mississippi Bar v. Bruce D. Burtoff; Majority Opinion: Beam, J. Disposition: Bruce D. Burtoff shall be publicly reprimanded in open Court by the Presiding Judge on the first day of the next term of the Circuit Court of the First Judicial District of Hinds County after the issuance of the mandate and assessed all costs and expenses. Bruce D. Burtoff taxed with costs. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Chamberlin and Ishee, JJ., Concur.