12/09/2021 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P., J.
X  2020-EC-00909-SCT

In Re: Contest of the November 5, 2019 General Election for the Chancery Clerk of Quitman, Mississippi: Brenda A. Wiggs and T. H. "Butch" Scipper v. Shirley Smith Taylor and Tea "Windless" Keeler; Quitman Circuit Court; LC Case #: 2019-0066 & 2019-0067; Ruling Date: 07/15/2020; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Chamberlin, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and Appellees taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ., Concur.

Julia L. Kelly v. Ocwen Loan Servicing LLC, Jennifer L. Shackelford, Liberty Home Equity Solutions, Inc. and Professional Services of Potts Camp, Inc.; Tate Chancery Court; LC Case #: 69CH1:19-cv-00074; Ruling Date: 10/01/2020; Ruling Judge: Vicki Daniels; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ., Concur.

RGH Enterprises, Inc. v. Seied Ghafarianpoor and Nancy Ghafarianpoor; Madison County Court; LC Case #: 45CO1:18-cv-01336; Ruling Date: 12/21/2020; Ruling Judge: Edwin Hannan; Majority Opinion: Randolph, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: Code of Judicial Conduct; Disposition: Canon 5F of the Code of Judicial Conduct is amended as set forth in Exhibit A. The Amendment is effective immediately. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series (Mississippi Edition). Agree: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Disagree: Kitchens and King, P.JJ., and Coleman, J. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 11/30/21.

Jeremy Dean Martin a/k/a Jeremy D. Martin a/k/a Baby Caine v. State of Mississippi; Jackson Circuit Court; LC Case #: 2000-10-061(3); Ruling Date: 02/14/2018; Ruling Judge: Dale Harkey; Disposition: Jeremy Dean Martin's Petition for Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Ishee, J. Order entered 12/2/21.

Tremayne Whittle a/k/a Tremayne Lemmie Whittle a/k/a Tremayne L. Whittle v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2013-331; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Tremayne Whittle's Application for Leave to Proceed in the Trial Court and attached Motion for Post-Conviction Relief to Vacate Conviction and Illegal Sentence is denied. Whittle is warned that any future filings deemed frivolous may result not only in monetary sanctions, but also in restrictions on filing applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis. See Order, Dunn. v. State, No. 2016-M-01514, at *2 (Miss. Nov. 15, 2018) (warning of sanctions); see also En Banc Order, Dunn v. State, No. 2016-M-01514, at *2 (Miss. Apr. 11, 2019) (restricting Dunn's in forma pauperis status). To Deny with Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 11/30/21.

Nathan Fisher v. Jackson County Sheriff's Department; Jackson Circuit Court; LC Case #: 2018-00,037 (1); Ruling Date: 02/19/2019; Ruling Judge: Stephen Simpson; Disposition: Petition for Writ of Certiorari filed by Nathan Fisher is denied. To Deny: All Justices. Order entered 12/1/21.

Dunta Dotson a/k/a Dunta D. Dotson v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0134; Ruling Date: 05/31/2019; Ruling Judge: John Emfinger; Disposition: Dunta Dotson's Petition for Certiorari is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 11/30/21.

St. Dominic Ambulatory Surgery Center, LLC v. Cailton Shaffer, II, Individually and on behalf of the Estate of Shelia Shaffer, Deceased and Wrongful Death Beneficiaries of Shelia Shaffer, Deceased v. Lori Marshall, M.D.; Hinds Circuit Court 1st District; LC Case #: 25CI1:18-cv-00365-TTG; Ruling Date: 07/11/2019; Ruling Judge: Tomie Green; Disposition: Petition for Writ of Certiorari of St. Dominic Ambulatory Surgery Center, LLC, filed by counsel for the Petitioner 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 12/3/21.

James Sims a/k/a James Arthur Sims, Jr. v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2018-203CWD; Ruling Date: 07/09/2019; Ruling Judge: Celeste Wilson; Disposition: Petition for Writ of Certiorari filed by Appellant James Sims is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 12/2/21.

Kate Davis v. Max Davis; Lamar Chancery Court; LC Case #: 37CH1:17-cv-00412-G; Ruling Date: 08/19/2019; Ruling Judge: Deborah Gambrell; Disposition: The Petition for Writ of Certiorari filed by Max Davis was granted by order of the Court on September 28, 2021. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. The writ of certiorari is hereby dismissed on the Court's own motion. All Justices Agree. Maxwell, J., for the Court. Order entered 12/2/21.

In the Matter of the Last Will and Testament of Luke Beard, Deceased: Antonio Christmas v. Diane Christmas; Lincoln Chancery Court; LC Case #: 43CH1:18-cv-00484; Ruling Date: 11/12/2019; Ruling Judge: Nathan Adams, Jr.; Disposition: Petition for Writ of Certiorari filed by Diane Christmas is granted. To Grant: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens, P.J. Order entered 12/1/21.

Shelby Brewer, by and through her Parents and Next Friends Doris Brewer and Jason Brewer; Jason Brewer, Individually; and Doris Brewer, Individually v. Mississippi Farm Bureau Casualty Insurance Company; Hinds Circuit Court 1st District; LC Case #: 25CI1:18-cv-00528-TTG; Ruling Date: 04/14/2020; Ruling Judge: Tomie Green; Disposition: Petition for Writ of Certiorari filed by Mississippi Farm Bureau Casualty Insurance Company is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, C.J., Ishee and Griffis, JJ. Order entered 11/30/21.

Pearl River Valley Water Supply District v. Jad J. Khalaf; Rankin Chancery Court; LC Case #: 61CH1:19-cv-01196; Ruling Date: 07/21/2020; Ruling Judge: John McLaurin, Jr.; Majority Opinion: Kitchens, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., King, P.J., Maxwell, Chamberlin and Ishee, JJ., Concur. Beam, J., Dissents with Separate Written Opinion Joined by Coleman and Griffis, JJ. Dissenting Opinion: Beam, J. Votes: Coleman and Griffis, JJ., Join This Opinion.

Daniel Shope v. Dr. Michael Winkelmann and his Personal Capacity and New South Neurospine Clinic, LLC; Rankin Circuit Court; LC Case #: 61CI1:20-cv-00142-JA; Ruling Date: 11/03/2020; Ruling Judge: Dewey Arthur; Disposition: The motion for rehearing filed by Appellant is denied.

Michael E. Winfield v. The Mississippi Bar; Disposition: Petition of Michael E. Winfield for Reinstatement to the Practice of Law in the State of Mississippi is granted. See opinion of this Court handed down this date.

Michael E. Winfield v. The Mississippi Bar; Majority Opinion: Chamberlin, J. Disposition: Petition of Michael E. Winfield for Reinstatement to the Practice of Law in the State of Mississippi is granted. Michael E. Winfield is taxed with costs. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ., Concur.

In Re: Judicial Election Oversight Committee; Disposition: Pursuant to Canon 5F of the Code of Judicial Conduct, the following persons are appointed as members of the Judicial Election Oversight Committee: Hon. Jack L. Wilson, James H. Heidelberg, and David F. Delgado to four-year terms; LaToya T. Jeter, Hon. M. Ronald Doleac, and James L. Weir to three-year terms; and Hon. Edward E. Patten, Jr., Paul P. Blake, and Thomas A. Wicker to two-year terms. Order entered: 12/2/21.