12/12/2019 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis, J.
X  2019-CA-00018-SCT

Ronnie Moses, Dee Moses, Gary Lawshe, Suzy Lawshe, Bill Davis, Linda Davis, Dan Ritchie, Lauren Ritchie, Gary Freeze, Vickie Freeze, Max Courtney, Laurie Courtney, Jill Shields, Larry Luke, Nancy Luke, Sherrill Evans, Rush Busbee, Mike Cobb, Fay Cobb and Judy Busbee v. Rankin County, Mississippi and Board of Supervisors of Rankin County; Rankin Circuit Court; LC Case #: 61CI1:18-cv-00161-a; Ruling Date: 12/07/2018; Ruling Judge: William Chapman, III; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: Code of Judicial Conduct; Disposition: On the Court's own motion, the Code of Judicial Conduct is amended as set forth in Exhibit A. The amendments shall take effect immediately upon entry of this Order. 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., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Agrees in Part: Kitchens, P.J. Agrees in Part and Disagrees in Part: King, P.J. Randolph, C.J., Specially Concurring with the Order with Separate Written Statement Joined by Maxwell, Beam, Chamberlin and Griffis, JJ.; Ishee, J., Joins in Part. King, P.J., Objecting to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

In Re: Uniform Procedures for Data Collection Matters in Circuit, Chancery and County Courts; Disposition: On the Court's own motion, the Civil Case Filing Form Cover Sheet is amended to add "Joint Conservatorship & Guardianship," as set forth in the attached Exhibit A. The amendment is effective January 1, 2020. The Clerk of this Court shall spread this order upon the minutes of the Court and send a certified copy to Thomson Reuters for publication in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. All Justices Agree. Order entered.

Joseph Bishop Goff v. State of Mississippi; George Circuit Court; LC Case #: 2004-10,092(3); Ruling Date: 05/28/2009; Ruling Judge: Dale Harkey; Disposition: Goff's Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief is dismissed as moot. All Justices Agree. Order entered.

Chasity Anderson v. Darnice Wiggins; Rankin Chancery Court; LC Case #: 15,506; Ruling Date: 11/29/2016; Ruling Judge: John Grant, III; Disposition: The Petition for Writ of Certiorari of Chasity Anderson is granted. To Grant: Kitchens and King, P.JJ., Coleman, Beam, Ishee and Griffis, JJ. To Deny: Randolph, C.J., Maxwell and Chamberlin, JJ. Order entered.

Donald Hayden Phillips v. State of Mississippi; Grenada Circuit Court; LC Case #: 2015-028-CR; Ruling Date: 05/26/2017; Ruling Judge: Joseph Loper, Jr.; Disposition: The Petition for Writ of Certiorari filed by Donald Hayden Phillips, pro se is denied. To Deny: All Justices. Order entered.

Dwaliues Deon Carter a/k/a Dwaliues D. Carter a/k/a Dwaliues Carter a/k/a Dwaliue Deon Carter a/k/a Dwalieu Deon Carter a/k/a Deon Carter a/k/a Dwalie Carter v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-0-004; Ruling Judge: Winston Kidd; Disposition: The "Motion to Move this Honorable Court or Clerk to Attach to Petitioner Motion for Post-Conviction Collateral Relief that was Filed Within this Court Last Week August 27, 2019 the Attached Financial Authorization that Attach to this Motion" is granted. The Application for Leave to Proceed in the Trial Court is denied. To Deny and Issue Sanctions Warning: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Coleman, J. To Dismiss: 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.

David Lee May a/k/a David L. May a/k/a David May v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2013-288; Ruling Date: 10/10/2017; Ruling Judge: Christopher Schmidt; Disposition: David Lee May's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Kitchens and King, P.JJ., and Ishee, J. Order entered.

Benjamin Robinson and April Robinson v. Holmes County, Mississippi and Brierfield Insurance Company; Holmes Circuit Court; LC Case #: 2013-0120; Ruling Date: 11/22/2017; Ruling Judge: Jannie Lewis-Blackmon; Disposition: The Motion for Rehearing filed by Appellant's is denied. Kitchens, P.J., and Griffis, J., would grant.

Carlos Boyd Smith a/k/a Carlos Smith v. State of Mississippi; Stone Circuit Court; LC Case #: 6601-2012-60; Ruling Date: 07/05/2017; Ruling Judge: Roger Clark; Disposition: The Petition for Writ of Certiorari filed by Carlos Boyd Smith is granted. To Grant: Kitchens and King, P.JJ., Coleman, Chamberlin and Ishee, JJ. To Deny: Randolph, C.J., Maxwell, Beam and Griffis, JJ. Order entered.

James Devon Brown a/k/a James D. Brown a/k/a James Brown v. State of Mississippi; Jackson Circuit Court; LC Case #: 2016-10,376(2); Ruling Date: 09/01/2017; Ruling Judge: Kathy Jackson; Disposition: The Petition for Writ of Certiorari filed by James Devon Brown is denied. To Deny: All Justices. Order entered.

Mark Hicks v. State of Mississippi; Simpson Circuit Court; LC Case #: 2015-152K2; Ruling Date: 01/11/2018; Ruling Judge: Stanley Sorey; Disposition: The Petition for Writ of Certiorari filed by Mark Hicks is dismissed.

Robert Sheffield v. S.J. Louis Construction Inc. and Zurich American Insurance Company; LC Case #: 1506298-M-9862- ; Ruling Date: 02/28/2018; Majority Opinion: King, P.J. Disposition: The Judgment of the Court of Appeals is Reversed. The Decision of the Mississippi Workers' Compensation Commission is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur. Randolph, C.J., Concurs in Result Only without Separate Written Opinion.

LAGB, LLC and Mama Kio's Grill, Inc. v. Total Merchant Services, Inc., HSBC Bank USA, Global Payments, Inc. and Global Payments Direct, Inc.; Hinds Circuit Court 1st District; LC Case #: 25CI1:16-cv-00272-WLK; Ruling Date: 04/13/2018; Ruling Judge: Winston Kidd; Disposition: The Petition for Rehearing filed by the Appellees' is denied.

Patrick Clark a/k/a Patrick Evans Clark a/k/a Patrick E. Clark v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CV2018-31JMP1; Ruling Date: 08/15/2018; Ruling Judge: James McClure, III; Disposition: The Petition for Writ of Certiorari filed by Patrick Clark is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ. Not Participating: Chamberlin, J. Order entered.

The Mississippi Bar v. Sean P. Mount; Majority Opinion: Chamberlin, J. Disposition: Sean P. Mount is suspended from the practice of law for a period of one year and one day, with the entire suspension deferred, retroactive to January 8, 2019. The costs and expenses of these proceedings are assessed to Mount. Sean P. Mount is taxed with costs. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ., Concur.

Mississippi Commission on Judicial Performance v. Justice Court Judge Wendell Williams; LC Case #: 2019-008 & 2019-009; Ruling Date: 06/18/2019; Ruling Judge: Kent McDaniel; Disposition: The Petition for Interim Suspension of Justice Court Judge Wendell Williams filed by the Mississippi Commission on Judicial Performance is granted. Justice Court Judge Wendell Williams is hereby suspended from all duties as justice court judge for District One, Jefferson County, Mississippi, with pay, until further order of this Court. The Clerk of this Court is hereby directed to forthwith deliver certified copies of this order to the Circuit Clerk of Jefferson County. Order entered.

In Re: Raymond Saucier and Harriet Denise Lopresto Saucier; Harrison Youth Court 1st District; LC Case #: 24-YC-2018-P-5019-1; Ruling Judge: Michael Dickinson; Disposition: Raymond and Harriet Saucier's "Motion for Leave to File Reply to Judge Mike Dickinson's Response to Petition" is granted as directed. Judge Michael Dickinson shall file a full response to the Saucier's "M.R.A.P. 48B Petition for Review of Trial Court's Denial of Motion for Disqualification of Judge Pursuant to Mississippi Code of Judicial Conduct, Canon (3)(E)(1)(d)(i)" and the reply by 5:00 PM on Monday, December 9, 2019. The Mississippi Department of Child Protective Services is invited to respond, which should be filed no later than 5:00 PM on Monday, December 9, 2019. The Sauciers may file a response, which shall be filed by 5:00 PM on Tuesday, December 10, 2019. Agree: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. Disagree: Kitchens and King, P.JJ., and Coleman, J. Order and Separate Statement entered on 12/05/19.

Antonio Daniel Wallace a/k/a Antonio Wallace a/k/a Antonio D. Wallace v. State of Mississippi; Madison Circuit Court; Ruling Judge: Dewey Arthur; Disposition: Wallace's Motion Seeking Leave to Proceed to file Post-Conviction Collateral Relief is granted in part and denied in part: His 34-year sentence for kidnapping is vacated, and the case is remanded to the Circuit Court of Madison County for the sole purpose of resentencing him for the kidnapping conviction; as to his remaining claims, the motion is denied. All Justices Agree. Order entered.