11/16/2017 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99016-SCT

In Re: Advisory Committee on Rules; Disposition: Order authorizing and directing the disbursement of $43,050.00 from the Court's Judicial System Operation Fund to the Mississippi Supreme Court Advisory Committee on Rules for its necessary work through September 30, 2018. Order entered 11/07/17.

Mississippi Department of Audit, Stacey Pickering, Jim Hood, Chris Lott, David Huggins, Melissa C. Patterson, Joseph A. Runnels, Jr., Sandra R. Chestnut and Harold E. Pizzetta, III v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CH213-cv-00032; Ruling Date: 11/04/2013; Ruling Judge: Jennifer Schloegel; Consolidated with 2014-CT-00894-SCT Melissa C. Patterson, Stacey Pickering, Individually, David Huggins, Individually, Chris Lott, Individually, Mississippi Department of Audit, Stacey Pickering in his official capacity as State Auditor for the State of Mississippi, Harold E. Pizzetta, III, Mississippi Department of Marine Resources, Joseph A. Runnels, Jr., Sandra R. Chesnut and Jim Hood v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CHH2:13-CV-00032; Ruling Date: 05/27/2014; Ruling Judge: Jennifer Schloegel; Majority Opinion: Beam, J. Disposition: Affirmed in Part; Reversed in Part; Vacated in Part; Rendered in Part; and Remanded in Part. Appellant, Mississippi Department of Audit, is taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., King and Chamberlin, JJ., Concur. Coleman, J., Dissents with Separate Written Opinion. Kitchens, P.J., Maxwell and Ishee, JJ., not participating. Dissenting Opinion: Coleman, J.

Laveal McGhee a/k/a LeVeal McGee a/k/a Levell Magee a/k/a Leaveal McGee a/k/a Lavell Magee v. State of Mississippi; Yazoo Circuit Court; LC Case #: 2014-CI12; Ruling Date: 03/26/2014; Ruling Judge: Jannie Lewis; Disposition: Laveal McGhee's Bill of Review is granted. The Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.

Ladell Maggett, Jr., Jerry Stewart a/k/a Jerry Undre Stewart and Kelvin Taylor a/k/a Kevin Taylor v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2012-094-CR2; Ruling Date: 11/13/2014; Ruling Judge: Albert Smith, III; Disposition: The Petition for Writ of Certiorari filed by Jeffrey Undre Stewart is hereby denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Ladell Maggett, Jr., Jerry Stewart a/k/a Jerry Undre Stewart and Kelvin Taylor a/k/a Kevin Taylor v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2012-094-CR2; Ruling Date: 11/13/2014; Ruling Judge: Albert Smith, III; Disposition: The Appellants' Petition for Writ of Certiorari filed by Ladell Maggett, Jr., and Jerry Undre Stewart is hereby denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Ladell Maggett, Jr., Jerry Stewart a/k/a Jerry Undre Stewart and Kelvin Taylor a/k/a Kevin Taylor v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2012-094-CR2; Ruling Date: 11/13/2014; Ruling Judge: Albert Smith, III; Disposition: The Petition for Writ of Certiorari and Amended Petition for Writ of Certiorari filed by Kevin Taylor are hereby denied. To Deny: Waller, CJ., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Jimi Mosely, Individually and as a Personal Representative of the Estate and Heirs-at-Law and/or Wrongful Death Beneficiaries of Gerboria Mayfield, Deceased v. Baptist Memorial Hospital-Golden Triangle, Inc., Brandy Adams-Hall, R.N. and Jennifer Gilliam, R.N.; Lowndes Circuit Court; LC Case #: 2014-0112-CV1C; Ruling Date: 08/13/2015; Ruling Judge: Lee Howard; Consolidated with 2015-CT-01517-SCT Jimi Mosely, Individually and as Proposed Guardian of the Estate of Gerboria Mayfield, and on Behalf of the Heirs and Wrongful Death Beneficiaries of Gerboria Monique Mayfield, Deceased v. Gregory W. Childrey, M.D.; Lowndes Circuit Court; LC Case #: 2013-0116-CV1H; Ruling Date: 09/08/2015; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by counsel for Jimi Mosely is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Jimi Mosely, Individually and as Proposed Guardian of the Estate of Gerboria Mayfield, and on Behalf of the Heirs and Wrongful Death Beneficiaries of Gerboria Monique Mayfield, Deceased v. Gregory W. Childrey, M.D.; Lowndes Circuit Court; LC Case #: 2013-0116-CV1H; Ruling Date: 09/08/2015; Ruling Judge: Lee Howard; Consolidated with 2015-CT-01380-SCT Jimi Mosely, Individually and as a Personal Representative of the Estate and Heirs-at-Law and/or Wrongful Death Beneficiaries of Gerboria Mayfield, Deceased v. Baptist Memorial Hospital-Golden Triangle, Inc., Brandy Adams-Hall, R.N. and Jennifer Gilliam, R.N.; Lowndes Circuit Court; LC Case #: 2014-0112-CV1C; Ruling Date: 08/13/2015; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by counsel for Jimi Mosely is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Brian Korelitz v. Ruth'e Korelitz; Madison Chancery Court; LC Case #: 2004-302 (G); Ruling Date: 11/06/2015; Ruling Judge: Robert Clark, III; Disposition: Brian Korelitz's Petition for Writ of Certiorari is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J., and Ishee, J. Order entered.

Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo a/k/a Louis Clay, Jr. a/k/a Lewis Clay a/k/a Louis James Clay, Jr. v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 3951,3952,3956 ,4735; Ruling Date: 11/17/2015; Ruling Judge: Forrest Johnson, Jr.; Consolidated with 2016-CT-00020-SCT Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo a/k/a Louis Clay, Jr. a/k/a Lewis Clay a/k/a Louis James Clay, Jr. v. State of Mississippi; Wilkinson Chancery Court; LC Case #: 2015-187; Ruling Date: 02/11/2016; Ruling Judge: George Ward; Disposition: The Petition for Writ of Certiorari filed by Louis J. Clay, Jr., is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.

Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo a/k/a Louis Clay, Jr. a/k/a Lewis Clay a/k/a Louis James Clay, Jr. v. State of Mississippi; Wilkinson Chancery Court; LC Case #: 2015-187; Ruling Date: 02/11/2016; Ruling Judge: George Ward; Consolidated with 2015-CT-01843-SCT Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo a/k/a Louis Clay, Jr. a/k/a Lewis Clay a/k/a Louis James Clay, Jr. v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 3951,3952,3956 ,4735; Ruling Date: 11/17/2015; Ruling Judge: Forrest Johnson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Louis J. Clay, Jr., is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.

Barry Bryant v. Gloria Dickerson; Sunflower Circuit Court; LC Case #: 2015-1242; Ruling Date: 01/14/2016; Ruling Judge: L. Hilburn; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Susan Harris v. Thomas L. Harris; Newton Chancery Court; LC Case #: 2009-N0401; Ruling Date: 03/16/2016; Ruling Judge: H. Clark, II; Disposition: Petition for Writ of Certiorari filed by Susan Harris is granted. To Grant: Waller, C.J., Randolph, P.J., King and Chamberlin, JJ. To Deny: Kitchens, P.J., Coleman, Maxwell and Beam, JJ. Not Participating: Ishee, J. Order entered.

Richard Coll v. Wal-Mart Stores East, L.P.; Harrison Circuit Court 2nd District; LC Case #: A2402-14-61; Ruling Date: 02/26/2016; Ruling Judge: Lisa Dodson; Disposition: Appellant, Richard Coll's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J.,Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.

Joe Reel v. Sanford Warren; Rankin Circuit Court; LC Case #: 2012-217 C; Ruling Date: 11/30/2015; Ruling Judge: William Chapman, III; Disposition: Joe Reel's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Woodland Village Nursing Center, LLC v. Cheryl A. Holman, Alvin V. Skinner, Jr. and Tammy L. James, Individually and as the Executrix of the Estate of Alvin Skinner, Sr.; Hancock Circuit Court; LC Case #: A2301-2016-0116; Ruling Date: 12/09/2016; Ruling Judge: Lisa Dodson; Disposition: The petition for interlocutory appeal was properly denied by order of a panel of this Court on July 27, 2017. Therefore, the motion to reconsider that order is denied. All Justices Agree. Order entered.