10/28/2021 - Hand Down and published opinions in WordPerfect/ZIP format

Beam, Dawn H., J.
X  2020-KA-01317-SCT

Cullen Royce Fields v. State of Mississippi; Rankin Circuit Court; LC Case #: 30681; Ruling Date: 11/04/2020; Ruling Judge: Dewey Arthur; Majority Opinion: Beam, J. Disposition: Affirmed. Rankin County taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Chamberlin, Ishee and Griffis, JJ., Concur. Maxwell, J., Concurs in Result Only Without Separate Written Opinion.

Magnolia Health Plan, Inc. and Cenpatico Behavioral Health, LLC v. Mississippi's Community Mental Health Commissions, Region One Mental Health, North MS Commission on MI/MR d/b/a Communicare, Northeast Mental Health - Mental Retardation Commission, Region III d/b/a Lifecore Health Group, Region IV Mental Health Services d/b/a Timberhills, Region 6 Community Mental Health Commission d/b/a Life Help, Region VII Mental Health/Intellectual Disabilities Commission d/b/a Community Counseling Services, Region 8 Mental Health Services, Hinds Behavioral Health Services, Region 10 State of MS d/b/a Weems Community Mental Health Center, Southwest Mississippi Mental Health and Retardation Commission-Region 11 d/b/a Southwest Mississippi Mental Health Complex, Region XII Commission on Mental Health and Retardation d/b/a Pine Belt Mental Healthcare Resources, Gulf Coast Mental Health Center, Singing River Mental Health/Mental Retardation Services, Region XIV and Warren Yazoo Behavioral Health, Inc.; Hinds Circuit Court 1st District; LC Case #: 25CI1:19-cv-00756-EFP; Ruling Date: 01/21/2020; Ruling Judge: Eleanor Peterson; Majority Opinion: Coleman, J. Disposition: Affirmed in Part; Dismissed in Part; and Remanded. Appellants taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In the Matter of the Conservatorship of Michelle A. Geno v. Craig M. Geno; Madison Chancery Court; LC Case #: 2015-687; Ruling Date: 09/14/2018; Ruling Judge: J. Buffington; Disposition: Petition for Writ of Certiorari of Appellant/Cross Appellee filed by counsel for the Conservatorship of Michelle A. Geno is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Griffis, J. Order entered 10/25/21.

Allen M. Russell a/k/a Russell Allen v. State of Mississippi; Forrest Circuit Court; LC Case #: 19-111H; Ruling Date: 10/15/2019; Ruling Judge: Robert Helfrich; Disposition: Allen M. Russell's Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J. Order entered 10/22/21.

In Re: Lynn Fitch, Attorney General of Mississippi; Lauderdale Circuit Court; Ruling Judge: Charles Wright, Jr.; Disposition: On the Attorney General's Petition for Writs of Mandamus and Prohibition, mandamus is denied because it is an inappropriate remedy. Prohibition is granted because the trial court acted outside of its authority by appointing the Attorney General as special prosecutor and directing her to investigate and provide a status report by a date certain. The trial court's acceptance of the District Attorney's self-disqualification was proper. The trial court improperly usurped the executive power of the Attorney General by directing her to conduct a criminal investigation and by requiring the Attorney General to report to the trial court status of her criminal investigation by a date certain. The trial court's appointment order is vacated. The Attorney General, as Mississippi's chief legal officer, has been and remains an attorney vested with authority to take all actions necessary in this matter. The Attorney General has the power to appoint and employ outside counsel and special investigators to act in her place. Any decision to investigate a case and present said case to a grand jury as well as a decision to decline prosecution as unwarranted is within the sole and sound discretion of the Attorney General or her designee. All Justices Agree. Order entered 10/19/21.