10/21/2021 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P., J.
X  2020-KA-01191-SCT

James Ficklin v. State of Mississippi; Neshoba Circuit Court; LC Case #: 19-CR-0062-NS-CC; Ruling Date: 10/19/2020; Ruling Judge: Larry Roberts; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Neshoba County taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ., Concur.

Wayne Self v. Eric Mitchell; Leflore Circuit Court; LC Case #: 2019-0075- CICI; Ruling Date: 03/30/2020; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Beam, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur.

Senque Wright a/k/a Senque Santanze Wright a/k/a Senque Santanz Wright v. State of Mississippi; Pearl River Circuit Court; LC Case #: 55;19-CR-196CM; Ruling Date: 01/31/2020; Ruling Judge: Claiborne McDonald; Majority Opinion: Coleman, J. Disposition: Affirmed. Pearl River County taxed with costs of appeal. Votes: Randolph, C.J., Maxwell, Beam, Chamberlin and Griffis, JJ., Concur. King, P.J., Dissents With Separate Written Opinion Joined by Kitchens, P.J., and Ishee, J. Dissenting Opinion: King, P.J. Votes: Kitchens, P.J., and Ishee, J., Join This Opinion.

David Cox v. State of Mississippi; Union Circuit Court; LC Case #: CR2010-218; Ruling Date: 09/22/2012; Ruling Judge: John Gregory; Disposition: David Cox's pro se motion to set his execution date is granted. The execution of David Neal Cox shall take place on November 17, 2021, at 6 p.m., as provided by law. This order shall serve as the warrant of execution for David Neal Cox. Order entered.

David Neal Cox v. State of Mississippi; Union Circuit Court; LC Case #: CR2010-218; Ruling Date: 04/01/2021; Ruling Judge: Kent Smith; Consolidated with 2021-CA-00515-SCT David Neal Cox v. State of Mississippi; Union Circuit Court; LC Case #: CV2019-137; Ruling Date: 04/01/2021; Ruling Judge: Kent Smith; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief; Motion to Seal Exhibit; Amended Motion for Post-Conviction Relief or In the Alternative for Leave to Proceed in Trial Court with a Petition for Post-Conviction Relief; Motion for Leave to Supplement the Amended Motion for Post-Conviction Relief; Motion to Amend, Correct, or Clarify in Part the Court's August 27, 2021, Single Justice Order; filed by Capital Post-Conviction Counsel, are denied. See opinion of this court handed down this date. Motion to Stay Briefing until a Decision on Motion to Dismiss Appeal or Motion for Time to File Appellant's Opening Brief; and Re-Urged Emergency Motion for Time to File Appellant's Opening Brief; filed by Capital Post-Conviction Counsel, are dismissed as moot. See opinion of this Court handed down this date.

David Neal Cox v. State of Mississippi; Union Circuit Court; LC Case #: CR2010-218; Ruling Date: 04/01/2021; Ruling Judge: Kent Smith; Consolidated with 2021-CA-00515-SCT David Neal Cox v. State of Mississippi; Union Circuit Court; LC Case #: CV2019-137; Ruling Date: 04/01/2021; Ruling Judge: Kent Smith; Disposition: Motion to Amend; Motion for the Rejection of All Legal Findings and Filings Filed by my Legal Counsel Post-Conviction Team in Jackson, MS; Motion for Appeals Prevention After the Fact of Competency Determined; Motion for Termination of All Appeals and Dismissal of All Counsel and Post-Conviction Relief; Motion for Complete Termination and Dismissal of all Present and Future Counsel; Motion to Prohibit Post-Conviction Counsel of Filing Any Further Filings; Motion to Dismiss All Past, Present and Future Filings of Post-Conviction Counsel; filed pro se by David Neal Cox, are granted in part and denied in part. See opinion of this Court handed down this date. Motion to Remand Back to Trial Court, filed pro se by David Neal Cox, is denied. See opinion of this Court handed down this date. Motion to Dismiss Post-Conviction Filing Entitled, "Motion to Stay Briefing until a Decision on Motion to Dismiss Appeal or Motion for Time to File Appellant's Opening Brief"; and Motion of Clarification; filed pro se by David Neal Cox, are dismissed as moot. See opinion of this Court handed down this date.

David Neal Cox v. State of Mississippi; Union Circuit Court; LC Case #: CR2010-218; Ruling Date: 04/01/2021; Ruling Judge: Kent Smith; Consolidated with 2021-CA-00515-SCT David Neal Cox v. State of Mississippi; Union Circuit Court; LC Case #: CV2019-137; Ruling Date: 04/01/2021; Ruling Judge: Kent Smith; Majority Opinion: Randolph, C.J. Disposition: As to 2015-DR-00978-SCT: Post Conviction Relief Denied. As to 2021-CA-00515-SCT: Affirmed. Union County taxed with costs of appeal. Votes: Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur. King, P.J., Concurs in Result Only Without Separate Written Opinion.

Bobby Kidder v. State of Mississippi; Quitman Circuit Court; LC Case #: 2017-0002; Ruling Date: 10/25/2018; Ruling Judge: Linda Coleman; Disposition: Bobby Kidder's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Ishee and Griffis, JJ. Order entered 10/13/21.

Henry Marquar v. Brian C. Schweda; Hancock Circuit Court; LC Case #: 23CI1:15-cv-00171; Ruling Date: 03/12/2019; Ruling Judge: Christopher Schmidt; Disposition: Henry Marquar's Petition for Writ of Certiorari and Motion of the Mississippi Supreme Court Remanding Marquar's Pro Se Motion to Supplement the Record are denied. The Motion of Appellant to Amend Appellant's Writ of Certiorari is granted and those amendments were accepted. All Justices Agree. Order entered 10/13/21.

Parish Transport LLC and Eric Parish v. Jordan Carriers Inc.; Adams Circuit Court; LC Case #: 16-KV-0027; Ruling Date: 06/06/2019; Ruling Judge: Debra Blackwell; Disposition: Appellee's Motion for Rehearing, or in the Alternative, to Amend or Clarify Opinion is denied.

Philip T. Cascio, Jr. v. Cascio Investments, LLC, Jackie Cascio Pearson and Phyllis Cascio; Washington Circuit Court; LC Case #: 2018-0008CI; Ruling Date: 09/23/2019; Ruling Judge: Richard Smith; Disposition: The motion for rehearing filed by Appellant is denied. Coleman and Griffis, JJ., would grant.

Fredrick Eugene Bliss a/k/a Fredrick E. Bliss a/k/a Fredrick Bliss a/k/a Frederick Eugene Bliss v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-16-132; Ruling Date: 10/25/2017; Ruling Judge: Christopher Schmidt; Disposition: Fredrick Eugene Bliss's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Kitchens and King, P.JJ., and Ishee, J. Order entered 10/12/21.

Nikolas Johnson a/k/a Nikolas Leshawn Johnson v. State of Mississippi; Madison Circuit Court; LC Case #: 2018-315-JR; Ruling Date: 11/21/2019; Ruling Judge: Steve Ratcliff, III; Disposition: Petition for Writ of Certiorari filed by Appellant Nikolas Johnson is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 10/12/21.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: En banc order directing the disbursement of $161,252.03 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services. Order entered 10/13/21.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: Gregory Y. Craft is appointed as a Deputy Marshal of the Supreme Court of Mississippi effective November 1, 2021; that Gregory Y. Craft shall take an oath of office prior to entering the duties of the office of Deputy Marshal; and that, as a Deputy Marshal and as provided in Miss. Code Ann. Section 9-3-29, Gregory Y. Craft shall attend the sessions of the Court, shall perform all the duties of a deputy sheriff attending court, shall obey all lawful orders of the Court, and shall serve during the pleasure of the Court. Order entered 10/14/21.

David Neal Cox v. State of Mississippi; Union Circuit Court; LC Case #: CV2019-137; Ruling Date: 04/01/2021; Ruling Judge: Kent Smith; Consolidated with 2015-DR-00978-SCT David Neal Cox v. State of Mississippi; Union Circuit Court; LC Case #: CR2010-218; Ruling Date: 04/01/2021; Ruling Judge: Kent Smith; Disposition: Motion to Dismiss Appeal filed by the State of Mississippi is denied. See opinion of this Court handed down this date. Motion to Amend, Correct, or Clarify in Part the Court's August 27, 2021, Single Justice Order, filed by Capital Post-Conviction Counsel, is denied. See opinion of this Court handed down this date. Motion to Stay Briefing Until a Decision on Motion to Dismiss Appeal or Motion for Time to File Appellant's Opening Brief; Motion to File Sur-rebuttal in Opposition to the Government's Motion to Dismiss; Re-Urged Emergency Motion for Time to File Appellant's Opening Brief; filed by Capital Post-Conviction Counsel, are dismissed as moot. See opinion of this Court handed down this date.