12/10/2020 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P., J.
X  2019-SA-01813-SCT

RW Development, LLC v. Mississippi Gaming Commission and Mississippi Gaming & Hospitality Association; Harrison Circuit Court 2nd District; LC Case #: 24CI2:17-cv-00044; Ruling Date: 11/12/2019; Ruling Judge: Christopher Schmidt; Consolidated with 2019-SA-01815-SCT RW Development, LLC v. Mississippi Gaming Commission; Harrison Circuit Court 2nd District; LC Case #: 24CI2:17-cv-00096; Ruling Date: 11/12/2019; Ruling Judge: Christopher Schmidt; 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.

Andrew McGraw v. State of Mississippi; Kemper Circuit Court; LC Case #: 18-CR-02; Ruling Date: 10/30/2019; Ruling Judge: Charles Wright, Jr.; Majority Opinion: Randolph, C.J. Disposition: Affirmed. Kemper County taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: The Petition of the Mississippi Commission on Continuing Legal Education to Temporarily Remove the Limit on CLE Credit Earned Through Online Programs is granted. For the 2020-2021 CLE reporting year, attorneys may complete their CLE obligations set forth in Rule 3 through online, webinars or live, in-person programs. Such CLE courses must comply with the remaining provisions of Rules 3 and 4. Any attorney who is unable to comply with the temporary amendments may seek a hardship exemption and/or extension from the Commission. The new lawyer program set forth in Rule 3b shall be amended to allow newly admitted lawyers who are to complete the program by July 31, 2021, to complete the required courses through online, webinars or live, in-person programs as approved by the Commission. Any newly admitted attorney who is unable to comply with the temporary amendments may seek a hardship exemption and/or extension from the Commission. All Justices Agree. Order entered 12/01/20.

Alberto Julio Garcia a/k/a Alberto J. Garcia a/k/a Alberto 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 Garcia's Unopposed Motion to Permit Unsealed Submission to the United States Supreme Court of a Sealed Document in the Record on Appeal is granted. Garcia and the State may quote verbatim from or reproduce in full sealed Exhibit D-1 as part of any filing related to Garcia's petition for a writ of certiorari before the Supreme Court of the United States. All Justices Agree. Order entered 12/03/20.

In Re Estate of Harry J. Green, Deceased: Elide Cristina Garrido Green v. Shirley Cooley and Wilford Green; Lee Chancery Court; LC Case #: 10-1186-41-MM; Ruling Date: 04/11/2018; Ruling Judge: C. Malski; Disposition: The motion for rehearing filed by Appellee is denied. Randolph, C.J., Coleman and Ishee, JJ., would grant.

Zundria D. Crawford v. The Mississippi Board of Bar Admissions; Hinds Chancery Court 1st District; LC Case #: 25CH1:16-cv-00222; Ruling Date: 05/03/2018; Ruling Judge: Denise Owens; Disposition: The Motion for Reconsideration and to Stay or Suspend the Briefing Deadline filed by Appellant Zundria D. Crawford, pro se, is denied. This appeal should be, and it hereby is, dismissed. If any costs of this appeal remain unpaid, such are assessed to Appellant Zundria D. Crawford. All Justices Agree. Order entered 12/07/20.

Brian Carver v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:12-cv-00754-JAW; Ruling Date: 07/03/2018; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Maxwell, Beam and Chamberlin, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, P.J., Ishee and Griffis, JJ. Dissenting Opinion: Kitchens, P.J. Votes: King, P.J., Ishee and Griffis, JJ., Join This Opinion.

Joseph Patrick Brown a/k/a Peanut v. State of Mississippi; Adams Circuit Court; LC Case #: 9902; Ruling Date: 03/12/1994; Ruling Judge: Forrest Johnson, Jr.; Disposition: The Motion for Rehearing filed by Joseph Patrick Brown is denied. The previous opinions are withdrawn, and the following opinions are substituted. Post-Conviction Relief is denied. Coleman, J., would grant. See opinions of this court handed down this date.

Joseph Patrick Brown a/k/a Peanut v. State of Mississippi; Adams Circuit Court; LC Case #: 9902; Ruling Date: 03/12/1994; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Griffis, J. Disposition: The Motion for Rehearing filed by Joseph Patrick Brown is denied. The previous opinions are withdrawn, and the following opinions are substituted. Post-Conviction Relief is denied. Adams County taxed with costs. Votes: Kitchens and King, P.JJ., Beam, Chamberlin and Ishee, JJ., Concur. Coleman, J., Concurs in Part and in Result with Separate Written Opinion Joined by Randolph, C.J., and Maxwell, J. Concurring in Part and in Result Opinion: Coleman, J. Votes: Randolph, C.J., and Maxwell, J., Join This Opinion.

Mary Carole Brand Watson v. John Kevin Watson; Madison Chancery Court; LC Case #: 45CH1:15-cv-00963; Ruling Date: 08/16/2018; Ruling Judge: James Walker; Disposition: The Petition for Writ of Certiorari filed by counsel for John Kevin Watson is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Ishee and Griffis, JJ. Order entered 12/02/20.

Brenda Span, as Guardian and Next Friend of Antheijah Span, a Minor v. Dr. Brantley P. Nichols; Sunflower Circuit Court; LC Case #: 2015-0198; Ruling Date: 09/19/2017; Ruling Judge: W. Hines; Disposition: The petition for writ of certiorari filed by counsel for Brenda Span is denied. To Deny: All Justices. Order entered 12/01/20.

Delorise Rollins v. Hinds County Sheriff's Department and Mississippi Public Entities' Workers' Compensation Trust; LC Case #: 1409916- M- 7670; Ruling Date: 10/16/2018; Majority Opinion: Griffis, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. King, P.J., Dissents with Separate Written Opinion Joined by Randolph, C.J., Kitchens, P.J., and Coleman, J. Dissenting Opinion: King, P.J. Votes: Randolph, C.J., Kitchens, P.J., and Coleman, J., Join This Opinion.

Bruce Evans Cobb and Ronald Zachary Cobb v. Daphne Cobb; Harrison Chancery Court 1st District; LC Case #: 24CH1:13-cv-01895-JP; Ruling Date: 10/24/2018; Ruling Judge: James Persons; Disposition: The Petition for a Writ of Certiorari filed by Bruce Evans Cobb and Ronald Zachary Cobb is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell and Chamberlin, JJ. To Grant: Beam, Ishee and Griffis, JJ. Order entered 12/01/20.

In the Matter of the Adoption of the Minor Identified in the Petition: C.C.B. and S.R.B. v. G.A.K. and G.R.K.; Pearl River Chancery Court; LC Case #: 16-AD-00021-G & 16-AD-G; Ruling Date: 11/29/2018; Ruling Judge: Deborah Gambrell; Disposition: The Motion for Rehearing filed by Appellants is denied.

Mann Agency, LLC v. Mississippi Department of Public Safety; Hinds Circuit Court 1st District; LC Case #: 25CI1:17-cv-00389-EFP; Ruling Date: 12/18/2018; Ruling Judge: Joseph Sclafani; Disposition: The Motion for Rehearing filed by Appellant is denied.

Mississippi Department of Revenue v. SBC Telecom, Inc., Bellsouth Mobile Data, Inc., Bellsouth Corporation, New Cingular Wireless Services, Inc., New Bellsouth Cingular Holdings, Inc., Bellsouth Telecommunications, LLC, Centennial Communications Corp. and SBC Alloy Holdings, Inc.; Hinds Chancery Court 1st District; LC Case #: 25CH1:16-cv-01696; Ruling Date: 05/07/2019; Ruling Judge: Tiffany Grove; Disposition: The Motion for Rehearing filed by Appellant is denied. Randolph, C.J., not participating.

Jason Lee Keller v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 24CI2:17-cv-00090; Ruling Date: 08/02/2019; Ruling Judge: Lisa Dodson; Majority Opinion: Coleman, J. Disposition: Affirmed. Harrison County taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: The Petition of the Mississippi Commission on Continuing Legal Education to Temporarily Remove the Limit on CLE Credit Earned Through Online Programs is granted. For the 2020-2021 CLE reporting year, attorneys may complete their CLE obligations set forth in Rule 3 through online, webinars or live, in-person programs. Such CLE courses must comply with the remaining provisions of Rules 3 and 4. Any attorney who is unable to comply with the temporary amendments may seek a hardship exemption and/or extension from the Commission. The new lawyer program set forth in Rule 3b shall be amended to allow newly admitted lawyers who are to complete the program by July 31, 2021, to complete the required courses through online, webinars or live, in-person programs as approved by the Commission. Any newly admitted attorney who is unable to comply with the temporary amendments may seek a hardship exemption and/or extension from the Commission. All Justices Agree. Order entered 12/01/20.

Min Sang Kim, M.D. v. Allan Pollard; Lowndes Circuit Court; LC Case #: 2019-0001-CV1C; Ruling Judge: Lee Coleman; Disposition: The Petitioner's Petition for Permission to Appeal from Interlocutory Order is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Ishee, JJ. To Grant: Chamberlin and Griffis, JJ. Order entered 12/03/20.

Justin McPhail v. Collette E. McPhail; Grenada Chancery Court; LC Case #: 22CH1:12-cv-00132; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Notice of Appeal filed pro se by Justin McPhail is dismissed due to the lack of an appealable judgment for a direct appeal and the untimeliness of a request for interlocutory appeal. The Chancellor is directed to hold a hearing within the next 60 days regarding the incarcerated status of the Petitioner. At said hearing, the Chancellor shall: (1) make a written determination as to whether the Petitioner has an inability to pay the financial obligations imposed upon him by the chancery court; (2) make a written determination, with specificity, as to the exact requirements necessary for the Petitioner to be released from incarceration; and (3) provide written findings of fact and conclusions of law regarding the two issues above sufficient to allow an appellate court to review this matter should an appeal be filed. All Justices Agree. Order entered 12/07/20.

Kelvin Richardson v. Kyomi Fulton, Individually and As the Mother and Next Friend of Michael Chamberlin, Jr., A Minor Child; Hinds County Court 1st District; LC Case #: 25CO2:19-cv-00052-LCS; Ruling Date: 09/24/2020; Ruling Judge: LaRita Cooper-Stokes; Disposition: The Petition for Interlocutory Appeal filed by Kelvin Richardson is granted. To Grant: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. Order entered 12/04/20.

Alberto Julio Garcia a/k/a Alberto J. Garcia a/k/a Alberto 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: The Motion for Appointment of Counsel is granted. Greg Spore and Humphreys McGee are appointed as counsel to represent Garcia in state post-conviction proceedings. Within 60 days after this order is entered, counsel must examine the record, conduct a preliminary investigation, and file a statement that, having done so, counsel either finds no issues with potential post-conviction merit or finds that there are issues which are believed to be meritorious. See M.R.A.P. 22(c)(4)(i). In any event, the application for leave to file a motion for post-conviction relief must be filed within 180 days following entry of this order, unless such time is extended by order of this Court. See M.R.A.P. 22(c)(5)(i). All Justices Agree. Order entered 12/07/20.