11/30/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Beam, Dawn H.
X  2016-EC-00675-SCT

Troy Wesley v. Washington County Democratic Executive Committee and Carl McGee; Washington Circuit Court; LC Case #: 2015-0101CI; Ruling Date: 02/28/2016; Ruling Judge: L. Hilburn; Majority Opinion: Beam, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Chamberlin and Ishee, JJ., Concur. King, J., Not Participating.

In Re: Justice Court Rules; Disposition: The Motion for Amendment to the Uniform Rules of Procedure for Justice Court to Provide for a Model Form for Summonses and Proofs of Service and to Require Service of the Affidavit, filed by Van Che, by and through counsel, the Mississippi Center for Legal Services Corp. and Jeremy Eisler is denied. All Justices Agree. Order entered.

James Wesley Scott a/k/a James W. Scott a/k/a James Scott v. State of Mississippi; Forrest Circuit Court; LC Case #: 11-556CR; Ruling Date: 09/16/2014; Ruling Judge: Samac Richardson; Disposition: Affirmed: Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. Separate Written Statement Objecting to the Order by Kitchens, P.J., Joined by Waller, C.J., King and Coleman, JJ. Ishee, J., Not Participating. Order entered.

Bruce Cope, Mary Cope and Ike W. Thrash v. Thrasher Construction, Inc.; Harrison Circuit Court 1st District; LC Case #: 24CI1:13-cv-00239; Ruling Date: 10/01/2014; Ruling Judge: Michael Ward; Majority Opinion: Waller, C.J. Disposition: The Judgment of the Court of Appeals is Reversed; The Judgments of the County Court and Circuit Court of Harrison County are Reinstated and Affirmed. Appellants taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur. Ishee, J., Not Participating.

Stanley Lee Bradley a/k/a Stanley Bradley v. State of Mississippi; Forrest Circuit Court; LC Case #: 14-300CR; Ruling Date: 07/23/2015; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed by Stanley Lee Bradley 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.

Marcus H. Harris a/k/a Marcus Herbert Harris a/k/a Marcus Harris v. State of Mississippi; Jackson Circuit Court; LC Case #: 2015-00,169; Ruling Date: 08/18/2014; Ruling Judge: Robert Krebs; Disposition: The Appellant's motion for extension of time to file the Petition for Writ of Certiorari is granted. The Petition for Writ of Certiorari filed by the Appellant 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.

Dhealthcare Consultants, Inc. v. Jefferson County Hospital; Jefferson Circuit Court; LC Case #: 2012-54; Ruling Date: 08/25/2015; Ruling Judge: Lamar Pickard; Disposition: The Petition for Writ of Certiorari filed by Dhealthcare Consultants, Inc., 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.

Paul Berlin and Janice Berlin v. Livingston Property Owners Association, Inc., A Mississippi Non-Profit Corporation; Madison Chancery Court; LC Case #: 2010-1734; Ruling Date: 06/23/2015; Ruling Judge: Cynthia Brewer; Disposition: The Petition for Writ of Certiorari filed by Paul and Janice Berlin 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.

Derrick Dortch v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2015-0118; Ruling Date: 10/14/2015; Ruling Judge: John Emfinger; Disposition: The Petition for Writ of Certiorari filed by Appellant 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.

Dauwanna Mitchell v. Tabitha Moore, Tillmon Bishop, Guardian of Kevin Earl Moore, Minor (necessary party); Lincoln Chancery Court; LC Case #: 2010-0501; Ruling Date: 10/20/2015; Ruling Judge: Edward Patten, Jr.; Consolidated with 2016-CA-00177-SCT In the Matter of the Estate of Travis Lynn Weems, Deceased: Dauwanna Mitchell v. Tillmon Bishop, Guardian of Kevin Earl Moore and Administrator of Estate of Travis Lynn Weems, Deceased; Lincoln Chancery Court; LC Case #: 2014-0605; Ruling Date: 01/05/2016; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Beam, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., King, Maxwell and Ishee, JJ., Concur. Chamberlin, J., Concurs in Part and in Result without Separate Written Opinion. Waller, C.J., Dissents with Separate Written Opinion Joined by Coleman, J. Dissenting Opinion: Waller, C.J. Votes: Coleman, J., Joins This Opinion.

Bettye Logan v. Klaussner Furniture Corporation d/b/a Bruce Furniture Industries and American Casualty Company of Reading, PA; LC Case #: 04 13389-J-1339-A; Ruling Date: 10/23/2015; Disposition: The Petition for Writ of Certiorari filed by the Appellees, Klaussner Furniture Corporation d/b/a Bruce Furniture Industries and American Casualty Company of Reading, PA, is granted. To Grant: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Deny: Kitchens, P.J., King and Coleman, JJ. Not Participating: Ishee, J. Order entered.

Melvin Hare v. State of Mississippi; Warren Circuit Court; LC Case #: 14,0168CRP; Ruling Date: 12/17/2015; Ruling Judge: Isadore Patrick, Jr.; Disposition: The Petition for Writ of Certiorari filed by Melvin Hare 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.

Mario Ragland a/k/a Mario Darnell Ragland v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2015-449RCD; Ruling Date: 06/30/2016; Ruling Judge: Robert Chamberlin; Majority Opinion: Beam, J. Disposition: Affirmed. DeSoto County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Ishee, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Chamberlin, J., Not Participating. Dissenting Opinion: King, J. Votes: Kitchens, P.J., Joins This Opinion.

Samuel Amos a/k/a Samuel M. Amos, Jr. a/k/a Samuel M. Amos a/k/a Samuel Martin Amos, Jr. a/k/a Samuel Amos, II v. State of Mississippi; Neshoba Circuit Court; LC Case #: 15-CR- 0060-NS- G; Ruling Date: 08/08/2016; Ruling Judge: Vernon Cotten; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Neshoba County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Ishee, JJ., Concur. Waller, C.J., Specially Concurs with Separate Written Opinion Joined by Randolph, P.J., Beam and Chamberlin, JJ. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, J. Specially Concurring Opinion: Waller, C.J. Votes: Randolph, P.J., Beam and Chamberlin, JJ., Join This Opinion. Dissenting Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.

Eddie Minor, III a/k/a Eddie Minor a/k/a Eddie Lee Minor, Jr. a/k/a Eddie Minor, Jr. v. State of Mississippi; Adams Circuit Court; LC Case #: 15-KR-0024A J; Ruling Date: 08/15/2016; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: King, J. Disposition: Affirmed. Adams County taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Edward Young a/k/a Edward Young, Jr. a/k/a Bald Head v. State of Mississippi; Holmes Circuit Court; LC Case #: 2015-0096; Ruling Date: 05/19/2016; Ruling Judge: Jannie Lewis; Majority Opinion: Beam, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., Concurs in Part and in the Result with Separate Written Opinion Joined by King, J., Coleman, J., Joins In Part. Concurring in Part and in Result Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion. Coleman, J., Joins This Opinion in Part.

In the Interest of L.B.C., a Minor v. Forrest County Youth Court; Forrest Youth Court; LC Case #: 18-YC-16-D-0187-129; Ruling Date: 11/03/2016; Ruling Judge: Michael McPhail; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Ishee, JJ., Concur.

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 Rule 12 Request to Have Original Records in Possession of the Circuit Clerk of Harrison County Transmitted to this Court is granted. All Justices Agree. Order entered 11/17/17.

In Re: James W. Johnson, Jr., M.D., Keystone Medical Services of MS, Inc. a/k/a Keystone Medical Services of MS., P.A., Keystone Healthcare, Inc. d/b/a Keystone Healthcare Management; Copiah Circuit Court; LC Case #: 2016-0173; Ruling Judge: Lamar Pickard; Disposition: The Petition for Decision on the Motion to Recuse and/or to Change Venue is granted in part and denied in part. AGREE WITH THIS ORDER: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. RECUSED: Kitchens, P.J.

In Re: James W. Johnson, Jr., M.D., Keystone Medical Services of MS, Inc. a/k/a Keystone Medical Services of MS., P.A., Keystone Healthcare, Inc. d/b/a Keystone Healthcare Management; Copiah Circuit Court; LC Case #: 2016-0173; Ruling Judge: Lamar Pickard; Disposition: The Combined Petition and Brief for Interlocutory Appeal by Permission, Petition to Consolidate Appeal with 2017-M-507, and Petition for Continued Stay of Proceedings During Appeal is dismissed as moot. AGREE WITH THIS ORDER: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. RECUSED: Kitchens, P.J. Order entered 11/16/17.

James W. Johnson, Jr., M.D., Keystone Medical Services of MS, Inc. a/k/a Keystone Medical Services of MS, P.A., Keystone Healthcare, Inc. d/b/a Keystone Healthcare Management v. William H. "Skip" Smith, Jr., Individually, and on Behalf of the Wrongful Death Beneficiaries of Carolyn Smith, Deceased, and the Estate of Carolyn Smith, Deceased; Copiah Circuit Court; LC Case #: 2016-0173; Ruling Date: 06/01/2017; Ruling Judge: Lamar Pickard; Disposition: The Combined Petition and Brief for Interlocutory Appeal by Permission, Petition to Consolidate Appeal with 2017-M-507, and Petition for Continued Stay of Proceedings During Appeal is dismissed as moot. AGREE WITH THIS ORDER: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. RECUSED: Kitchens, P.J. Order entered 11/16/17.