10/19/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2016-EC-00407-SCT

Sheriel F. Perkins v. Carolyn McAdams; Leflore Circuit Court; LC Case #: 2013-0047-CI; Ruling Date: 02/15/2016; Ruling Judge: Henry Lackey; Majority Opinion: Maxwell, J. Disposition: On Direct Appeal: Dismissed as Moot. On Cross-Appeal: Affirmed in Part; Reversed and Remanded in Part. Appellant and Appellee are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ., Concur.

Johnson & Johnson, Inc. and Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. Brenda Fortenberry, as the Conservator of the Estate of Person of Louise Taylor; Copiah Circuit Court; LC Case #: 2002-0389; Ruling Date: 01/27/2015; Ruling Judge: Lamar Pickard; Majority Opinion: Coleman, J. Disposition: On Direct Appeal: Reversed and Rendered in Part; Reversed and Remanded in Part. On Cross-Appeal: Affirmed. Appellants and Appellee are taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by King, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.

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. To Grant: All Justices. Order entered.

Edward Springer v. Ausbern Construction Co., Inc.; Chickasaw Circuit Court 1st District; LC Case #: H2012-044; Ruling Date: 05/08/2014; Ruling Judge: Andrew Howorth; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Beam and Chamberlin, JJ., Concur. Maxwell and Ishee, JJ., not participating.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK09-380; Ruling Date: 05/20/2011; Ruling Judge: Andrew Howorth; Disposition: Caleb Corrothers's pro se Motion for Effective Assistance of Counsel is remanded to the trial court. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam and Chamberlin, JJ. Disagree: Coleman, J. Ishee, J., not participating. Order entered.

Mississippi Department of Wildlife, Fisheries, and Parks v. Candace Webb, Thomas Harper, and Kathleen D. Webb; Harrison Circuit Court 2nd District; LC Case #: A2402-2010-00097; Ruling Date: 12/02/2014; Ruling Judge: Lisa Dodson; Disposition: Candace Webb's Petition for Writ of Certiorari is granted. To Grant: Waller, C.J., Randolph and Kitchens, P.JJ., and King, J. To Deny: Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Kendall Martin a/k/a Kendall Deval Martin v. State of Mississippi; Rankin Circuit Court; LC Case #: 26,050; Ruling Date: 04/13/2015; Ruling Judge: William Chapman, III; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Maxwell, Beam and Chamberlin, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion Joined by Waller, C.J., and King, J. Ishee, J., not participating. Dissenting Opinion: Kitchens, P.J. Votes: Waller, C.J., and King, J., Join This Opinion.

Hyundai Motor America and Hyundai Motor Company v. Joyce D. Hutton and Derek Bell; Bolivar Circuit Court 2nd District; LC Case #: 2006-0053; Ruling Date: 11/03/2014; Ruling Judge: Johnnie Walls, Jr.; Disposition: On the Court's own motion, this appeal is stayed pending further order of this Court. Join: Waller, C.J., Randolph, P.J., Coleman, Beam and Ishee, JJ. Do Not Join: Kitchens, P.J., and King, J. Not Participating: Maxwell and Chamberlin, JJ. Randolph, P.J., for the Court. Order entered.

Clarksdale Municipal School District, Clay County School District, Greene County School District, Greenville Public School District, Hattiesburg Public School District, Humphreys County School District, Jackson Public School District, Leake County School District, Leland School District, North Bolivar Consolidated School District, Okolona Municipal Separate School District, Prentiss County School District, Richton School District, Simpson County School District, Smith County School District, Sunflower County Consolidated School District, Tate County School District, Wayne County School District, West Tallahatchie School District, West Bolivar Consolidated District and Wilkinson County School District v. State of Mississippi; Hinds Chancery Court 1st District; LC Case #: 25CH1:14-cv-001217; Ruling Date: 07/14/2015; Ruling Judge: William Singletary; Majority Opinion: King, J. Disposition: Affirmed. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., Beam and Ishee, JJ., Concur. Maxwell, J., Specially Concurs with Separate Written Opinion Joined by Coleman, Chamberlin and Ishee, JJ.; Randolph, P.J., Joins in Part. Coleman, J., Concurs in Result Only with Separate Written Opinion Joined In Part by Randolph, P.J., Maxwell and Chamberlin, JJ. Randolph, P.J., Concurs in Part and in Result without Separate Written Opinion. Specially Concurring Opinion: Maxwell, J. Votes: Coleman, Chamberlin and Ishee, JJ., Join This Opinion. Randolph, P.J., Joins This Opinion in Part. Concur in Result Only Opinion: Coleman, J. Votes: Randolph, P.J., Maxwell and Chamberlin, JJ., Join This Opinion in Part.

Paige Electric Company v. Davis & Feder, P.A.; Harrison Circuit Court 1st District; LC Case #: A2401-14-13; Ruling Date: 10/30/2015; Ruling Judge: Lisa Dodson; Disposition: Appellant's Petition for Writ of Certiorari is denied. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Ishee, J., Not Participating. Order entered.

Adofo Minka v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 14-0-606CRW; Ruling Date: 11/19/2015; Ruling Judge: Jeff Weill, Sr.; Disposition: Appellant's Motion for Rehearing is denied. Ishee, J., not participating.

Terry Pitchford v. State of Mississippi; Grenada Circuit Court; LC Case #: 2013-116-CV-L; Ruling Date: 05/13/2015; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Beam, J. Disposition: Post-Conviction Relief Denied. Grenada County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., Concurs in Result Only with Separate Written Opinion Joined by King, J. Concur in Result Only Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.

Hyundai Motor America and Hyundai Motor Company v. Ola Mae Applewhite, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Dorothy Mae Applewhite, deceased, Ceola Wade, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Anthony J. Stewart, deceased, and Kenneth Cordell Carter, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Cecilia Cooper, deceased; Coahoma Circuit Court; LC Case #: 14-CI-98-0086; Ruling Date: 12/29/2014; Ruling Judge: Albert Smith, III; Disposition: On the Court's own motion, this appeal is stayed pending further order of this Court. The trial court's denial of Hyundai's Supplemental Motions for New Trial or for Relief from Judgment under Rule 60(b), for a Post-Trial Hearing to Investigate Possible Outside Influences on the Jury, and for Other Relief is vacated. The parties are entitled to conduct discovery and depositions as provided in Chapter 5 of the Mississippi Rules of Civil Procedure, Rules 26 thru 37, and to obtain and issue subpoenas pursuant to Rule 45 as part of their investigation. The trial court is instructed to conduct a hearing once discovery and an investigation has been completed pursuant to Rule 606(b) of the Mississippi Rules of Evidence. The trial court is then directed to certify a supplemental record on appeal in this appeal and file it with the clerk of this Court. Join: Waller, C.J., Randolph, P.J., Beam and Ishee, JJ. Coleman, J., Joins with Separate Written Statement Joined in Part by Kitchens, P.J., and King, J. Kitchens, P.J., Objects to the order with Separate Written Statement Joined by King, J.; Coleman, J., Joins in Part. Not Participating: Maxwell and Chamberlin, JJ. Randolph, P.J., for the Court. Order entered.

Sheriel F. Perkins v. Carolyn McAdams; Leflore Circuit Court; LC Case #: 2013-0047-CI; Ruling Date: 02/15/2016; Ruling Judge: Henry Lackey; Disposition: The Appellee's Motion to Dismiss Appellant's Appeal as Moot is granted. See opinion of this Court handed down this date.

Alberto Julio Garcia v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-15-500; Ruling Date: 01/25/2017; Ruling Judge: Lisa Dodson; Disposition: Alberto Julio Garcia's Motion for Copies of Sealed Document in the Record on Appeal is granted. The Clerk of this Court shall unseal the envelopes temporarily, upon counsel's request; provide copies of records and exhibits inside the sealed envelopes, if counsel requests; and reseal the envelopes until further order of this Court or any other court of competent jurisdiction. All sealed information shall remain confidential. If any party seeks to disclose information contained in any sealed record or exhibit, then the party must file that portion of the brief under seal. Likewise, if any party seeks to include a sealed record or exhibit as a record excerpt, then the party must file the record excerpt under seal. All Justices Agree. Order entered.

In Re: Hinds County, Mississippi Board of Supervisors a/k/a Hinds County Board of Supervisors; Hinds County Court 1st District; LC Case #: 25CI1:14-cv-09005; Ruling Date: 04/25/2017; Ruling Judge: William Skinner, II; Disposition: The Hinds County Board of Supervisors' Petition for Extraordinary Writ is dismissed for lack of standing. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Ishee, J., Not Participating. Order entered.