12/06/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael, J.
X  2017-CA-00804-SCT

NRG Wholesale Generation LP f/k/a Genon Wholesale Generation, LP v. Lori P. Kerr, in the Official Capacities of Tax Assessor and Collector of Choctaw County, Mississippi, and Choctaw County, Mississippi; Choctaw Circuit Court; LC Case #: 2014-073-CV-M; Ruling Date: 03/27/2017; Ruling Judge: George Mitchell, Jr.; Majority Opinion: Ishee, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Adam Rosenfelt and Element Studios, LLC v. Mississippi Development Authority and Glenn McCullough, Jr., in his Official Capacity as Executive Director of the Mississippi Development Authority; Hinds Chancery Court 1st District; LC Case #: 25CH1:16-cv-000948; Ruling Date: 07/18/2017; Ruling Judge: Denise Owens; Majority Opinion: Ishee, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Campbell Properties, Inc. v. Rachael Dowe Cook, and any all persons having or claiming any legal or equitable interest in hereinafter described land sold for taxes on August 26, 2013, VIZ: part of Section 4, Township 18 North, Range 5 East, Warren County, Mississippi, Tax Parcel 005 04 999 001300; PPIN 206; Deed Book 1422, Page 769 less and except the portion of property lying in Section 3, Township 18 North, Range 5 East of the Warren County, Mississippi Land Records; Warren Chancery Court; LC Case #: 75CH1:15-cv-00232-VRB; Ruling Date: 08/22/2017; Ruling Judge: Vicki Barnes; Majority Opinion: Maxwell, J. Disposition: Reversed and Rendered. Appellees are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ., Concur.

Darryl Mixon a/k/a Darrell Mixon a/k/a Daryl Mixon a/k/a Larry Williams a/k/a Reginald Wells v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-650CRY; Ruling Judge: Tomie Green; Disposition: Darryl Mixon's Petition for Extraordinary Writ Seeking Collateral Relief is dismissed. Agree: Waller, C.J., Randolph, P.J., Maxwell, Beam, Chamberlin and Ishee, JJ. Coleman, J., Agrees in Result Only without Separate Written Statement. King, J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Jimmy Wren a/k/a Jimmy Lee Wren v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR-95-65BPZ; Ruling Judge: Robert Chamberlin; Disposition: Wren's "Motion for Permission to File a Second or Successive Petition" is dismissed. 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.

T. W. King v. State of Mississippi; Leflore Circuit Court; LC Case #: 22,859; Ruling Judge: Margaret Carey-McCray; Disposition: The Motion to Reopen Original Direct Appeal Based on Newly Discovered Evidence Regarding Prosecutorial Misconduct and Confusing Jury Instructions filed by T. W. King is dismissed. 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.

Abdulkhaliq Mohammed Murshid v. State of Mississippi, Ex Rel. Mississippi Bureau of Narcotics; Lauderdale Circuit Court; LC Case #: 15-CV-087(C); Ruling Date: 02/09/2017; Ruling Judge: Justin Cobb; Disposition: Abdulkhaliq Mohammed Murshid's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.

Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR00-068; Ruling Date: 09/21/2001; Ruling Judge: Thomas Gardner, III; Disposition: Thomas Loden's Petition for Post-Conviction Relief is denied. See Opinion of this Court handed down this date.

Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR00-068; Ruling Date: 09/21/2001; Ruling Judge: Thomas Gardner, III; Majority Opinion: Randolph, P.J. Disposition: Petition for Post Conviction Relief is denied. Itawamba County taxed with costs. Votes: Waller, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Dissenting Opinion: King, J. Votes: Kitchens, P.J., Joins This Opinion.

Richard Gerald Jordan v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 18807; Ruling Date: 04/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Richard Jordan's Second Successive Petition for Post-Conviction Relief is denied. See Opinion of this Court handed down this date.

Richard Gerald Jordan v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 18807; Ruling Date: 04/24/1998; Ruling Judge: Kosta Vlahos; Majority Opinion: Waller, C.J. Disposition: Second Successive Petition for Post-Conviction Relief is denied. Harrison County taxed with costs. Votes: Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Dissenting Opinion: King, J. Votes: Kitchens, P.J., Joins This Opinion.

John Doe v. Steve Robertson and James Hendrix; Hinds Chancery Court 1st District; LC Case #: 25CH1:17-cv-000981; Ruling Date: 08/15/2017; Ruling Judge: J. Thomas; Disposition: The Appellee'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 Appellant. Chamberlin, J., for the Court. Order entered.

Ottis J. Cummings, Jr. a/k/a Ottis Junior Cummings a/k/a Otis Cummings a/k/a Ottis J. Commings a/k/a Otis J. Cummings v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2008-010-CR; Ruling Judge: Joseph Loper, Jr.; Disposition: Ottis J. Cummings's Application for Leave to Proceed in the Trial Court is dismissed. Agree: Waller, C.J., Randolph, P.J., Maxwell, Beam, Chamberlin and Ishee, JJ. Coleman, J., Agrees in Part and in Result without Separate Written Statement. King, J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

David R. Gray v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 18,544; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: David Gray's Application for Leave to Proceed in the Trial Court is denied. Agree: Waller, C.J., Maxwell, Beam, Chamberlin and Ishee, JJ. Join: Randolph, P.J. Coleman, J., Agrees in Result Only without Separate Written Statement. Kitchens, J., Objects to the Order with Separate Written Statement Joined by King, P.J. Order entered.

John H. Anderson v. The Mississippi Bar; LC Case #: 2016-B-1803; Disposition: The Motion of the Mississippi Bar to Dismiss John Anderson's original petition filed on June 22, 2018 is denied. John Anderson's motion to amend and consider the amended petition filed on July 17, 2018 is granted. The Petition of John Hubert Anderson for Reinstatement to the Practice of Law in the State of Mississippi is denied. See opinion of this Court handed down this date.

John H. Anderson v. The Mississippi Bar; LC Case #: 2016-B-1803; Majority Opinion: Maxwell, J. Disposition: Petition of John Hubert Anderson for Reinstatement to the Practice of Law in the State of Mississippi is denied. John Hubert Anderson is taxed with costs. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ., Concur.

Kenneth Carter v. State of Mississippi; Warren Circuit Court; LC Case #: 3,98-CRV; Ruling Judge: M. Chaney, Jr.; Disposition: The Application for Leave to Proceed in the Trial Court filed pro se by Kenneth Carter is dismissed. 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.

Gregory Linson v. State of Mississippi; Pearl River Circuit Court; LC Case #: K-2007-151P; Ruling Judge: Prentiss Harrell; Disposition: Gregory Linson's motion titled "Post-Conviction Relief Miss. Code Ann 99-39-25(1) Rule 2(c) and 4(g)" is dismissed. Agree: Waller, C.J., Randolph, P.J., Maxwell, Beam, Chamberlin and Ishee, JJ. Coleman, J., Agrees in Part and in Result without Separate Written Statement. King, J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: L17-309; Ruling Date: 10/23/2018; Ruling Judge: John Gregory; Disposition: Caleb Corrothers's Petition for Interlocutory Appeal of Lafayette County Circuit Court's October 23, 2018, Order Granting Respondent's Second Motion to Compel is denied. Petitioner's Motion to Stay Proceedings in the Lafayette County Circuit Court Pending Resolution of Petition for Interlocutory Appeal of Lafayette County Circuit Court's October 23, 2018, Order Granting Respondent's Motion to Compel is denied. All Justices Agree to Deny. Order entered.