11/29/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael, J.
X  2015-CA-00045-SCT

Dalton Trigg and Dr. Stephen D. Trigg v. Steven Farese, Sr. and Farese, Farese & Farese, P.A.; Lafayette Circuit Court; LC Case #: L14-139; Ruling Date: 08/20/2014; Ruling Judge: L. Hilburn; Majority Opinion: Ishee, J. Disposition: Affirmed in part and Reversed and Remanded in part. Appellees are taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell and Beam, JJ., Concur. Waller, C.J., and Chamberlin, J., not participating.

Michael Kansler and Vickie Kansler v. Mississippi Department of Revenue; Hinds Chancery Court 1st District; LC Case #: 25CH1:16-cv-001175; Ruling Date: 08/31/2017; Ruling Judge: J. Thomas; Majority Opinion: Ishee, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Brian King a/k/a Brian King, Jr. a/k/a Brian S. King, Jr. v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2016-243-KR2; Ruling Date: 09/28/2017; Ruling Judge: Dal Williamson; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Jones County taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

In Re: Advisory Committee on Rules; Disposition: En banc order appointing or reappointing the following persons for the indicated terms as members of the Advisory Committee on Rules: Hon. Carter Bise, Hon. Ashley Hines, Hon. John H. Emfinger, Hon. Kent McDaniel, Hon. T. Larry Wilson, Justin T. Cook, Esq., Cynthia I. Mitchell, Esq., Edward J. Currie, Jr., Esq., and Prof. Donald E. Campbell. Order entered 11/15/18.

James C. Winding a/k/a James Winding v. State of Mississippi; Adams Circuit Court; LC Case #: 03-KR-0052-S; Ruling Judge: Lillie Sanders; Disposition: The motion to set aside the previously ordered sanction in the amount of $100 is denied. The application for leave, and the subsequently filed amendments/attachments thereto, are dismissed as barred. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. King, J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

David Jackson a/k/a David Donnell Jackson v. State of Mississippi; Madison Circuit Court; LC Case #: 3163; Ruling Judge: William Chapman, III; Disposition: The Application for Leave to Proceed in the Trial Court filed pro se by David Jackson is dismissed. The Motion to Proceed as a Sanctioned Litigant is dismissed as moot. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. King, J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Jason Lee Keller v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B-2402-08-201; Ruling Date: 10/08/2009; Ruling Judge: Lisa Dodson; Disposition: The Motion to Withdraw as Counsel of Record filed by Jamila Virgil is granted. Jamila Virgil is withdrawn as counsel for Petitioner upon entry of the order. To Grant: All Justices. Order entered.

Randy Dale Jackson a/k/a Randy Dell Jackson v. State of Mississippi; Madison Circuit Court; LC Case #: 3148; Ruling Judge: William Chapman, III; Disposition: The application for post-conviction collateral relief filed by Randy Dale Jackson is dismissed as procedurally barred. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. King, J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Charles E. Blake a/k/a Charles Blake a/k/a Charles Edward Blake v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2012-060; Ruling Date: 04/02/2015; Ruling Judge: Kenneth Thomas; Disposition: The Motion for Rehearing filed by Appellant is denied.

Brett Jones a/k/a Brett A. Jones v. State of Mississippi; Lee Circuit Court; LC Case #: CR04-833(G)(L); Ruling Date: 04/17/2015; Ruling Judge: Thomas Gardner, III; Disposition: The Petition for Writ of Certiorari filed by Brett Jones was granted by order of the Court signed on July 26, 2018. Upon further consideration, the Court finds that there is no need for further review and the writ of certiorari should be dismissed. The writ of certiorari is hereby dismissed on the Court's own motion. To Dismiss: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Kitchens, P.J., Objects to the Order with Separate Written Statement Joined by Waller, C.J., King and Ishee, JJ. Randolph, P.J., for the Court. Order entered.

David Lee Rice a/k/a David L. Rice a/k/a David Rice v. State of Mississippi; Sunflower Circuit Court; LC Case #: 95-0269; Ruling Judge: Margaret Carey-McCray; Disposition: The Motion to Rescind Order as Unconstitutional and a Violation of Article 3, Section 25, Mississippi Constitution filed pro se by David Lee Rice is denied. The Application for Leave to Proceed is dismissed for failure to pay the required docket fee. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. King, J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered.

In the Matter of Dissolution of the Marriage of Karen Conway Lewis and Adam Isaac Lewis: Adam Isaac Lewis v. Karen Conway Lewis; Madison Chancery Court; LC Case #: 45CH1:00-cv-00939; Ruling Date: 07/11/2016; Ruling Judge: Cynthia Brewer; Disposition: The Petition for Writ of Certiorari filed by Adam Isaac Lewis is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Randolph, P.J. Order entered.

ENSCOR, LLC, Jeffrey C. Smith and Cynthia H. Smith, Individually v. Ed Morgan, in his Official Capacity as the Commissioner of Revenue of the Mississippi Department of Revenue; Hinds Chancery Court 1st District; LC Case #: G2016-930; Ruling Date: 11/17/2016; Ruling Judge: William Singletary; Disposition: The Joint Petition to Withdraw Petition for Certiorari, filed by Appellants and Appellee is granted. The petition for a writ of certiorari is dismissed, and the parties shall bear their own costs. Order entered.

Brandon Grindle a/k/a Bam v. State of Mississippi; Marion Circuit Court; LC Case #: 2011-0078H; Ruling Date: 10/21/2011; Ruling Judge: Prentiss Harrell; Disposition: The Motion for Post-Conviction Relief filed pro se by Petitioner is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King, Coleman and Ishee, JJ. Order entered.

Calvin Lee Robinson a/k/a Calvin L. Robinson v. State of Mississippi; Leflore Circuit Court; LC Case #: 2016-0094-CICI; Ruling Date: 01/11/2017; Ruling Judge: W. Hines; Disposition: The Petition for Writ of Certiorari filed by Calvin Lee Robinson, pro se, is dismissed. Order entered.

Antonio Weathersby a/k/a Antonio R. Weathersby a/k/a Antonio Ray Weathersby v. State of Mississippi; Marion Circuit Court; LC Case #: 46CI1:16-cv-00151 PH; Ruling Date: 04/06/2017; Ruling Judge: Prentiss Harrell; Disposition: The Petition for Writ of Certiorari filed by Antonio R. Weathersby is denied. To Deny: All Justices. Order entered.

David William Kent, Jr. a/k/a D. William Kent, Jr. a/k/a Davis William Kent, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-16-518; Ruling Date: 03/08/2017; Ruling Judge: Jeff Weill, Sr.; Disposition: David Kent's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.

Clifford C. Frisby and Oasis Real Estate Investment, Inc. v. Ferrell "BJ" Warden; Harrison Chancery Court 1st District; LC Case #: 15-CV- 652(1); Ruling Date: 10/04/2016; Ruling Judge: Jennifer Schloegel; Disposition: The Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.

In the Matter of the Estate of Brian K. Cole, Deceased: Wayne E. Ferrell, Jr., James W. Nobles, Jr., and Angelo J. Dorizas v. Gregory Cole, Administrator and GuideOne Specialty Mutual Insurance Company; Jasper Chancery Court 1st District; LC Case #: 02-A035; Ruling Date: 05/19/2017; Ruling Judge: H. Clark, II; Disposition: The Motion for Rehearing filed by Appellant is denied.

Rose Cox v. Memorial Hospital at Gulfport; LC Case #: 1404371-M- 9450; Ruling Date: 10/03/2017; Disposition: The Petition for Writ of Certiorari filed by Rose Cox is denied. To Deny: All Justices. Order entered.

State of Mississippi and Mississippi Department of Corrections v. Johnny Grose; Sunflower Circuit Court; LC Case #: 2017-0002; Ruling Date: 10/04/2017; Ruling Judge: Carol White-Richard; Disposition: Johnny Grose's motion to dismiss the appeal as moot is granted. The appeal is dismissed as moot, and all costs of the appeal are assessed to the Appellants. Coleman, J., for the Court. Order entered.

Robert Bryan Ogletree v. The Mississippi Bar; LC Case #: 2012-B-257; Disposition: Petition of Robert Bryan Ogletree for Reinstatement to the Practice of Law in the State of Mississippi is granted. See opinion of this Court handed down this date.

Robert Bryan Ogletree v. The Mississippi Bar; LC Case #: 2012-B-257; Majority Opinion: Waller, C.J. Disposition: Petition of Robert Bryan Ogletree for Reinstatement to the Practice of Law in the State of Mississippi is granted. Robert Bryan Ogletree is taxed with costs. Votes: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Eric Shawn Davis v. State of Mississippi; Adams Circuit Court; LC Case #: 00KR0167; Ruling Judge: Forrest Johnson, Jr.; Disposition: The Application for Leave to Proceed in the Trial Court filed pro se by Eric Shawn Davis is denied. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. King, J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Nationstar Mortgage, LLC v. Elizabeth Lewis and Richard Lewis; Harrison Chancery Court 1st District; LC Case #: 24CH1:13-cv-02340-JS; Ruling Date: 06/19/2018; Ruling Judge: Jennifer Schloegel; Disposition: Nationstar Mortgage LLC's Petition for interlocutory appeal is denied. To Deny: Randolph and Kitchens, P.JJ., King, Beam, Chamberlin and Ishee, JJ. To Grant: Waller, C.J., Coleman and Maxwell, JJ. Order entered.