12/13/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael, J.
X  2017-CP-01452-SCT

Michael Todd Crowley and Edward Blackmon, Jr. v. Robert G. Germany and Pittman, Germany, Roberts & Welsh, LLP; Hinds Circuit Court 1st District; LC Case #: 251-12-548; Ruling Date: 09/27/2017; Ruling Judge: Stephen Simpson; Consolidated with 2017-CA-01635-SCT Ashley deJanae Stowers, Individually and as Wrongful Death Beneficiary of Rodney Sandrell Stowers and Delie M. Shepard, Individually and as Administratrix of the Estate of Rodney Sandrell Stowers, and on behalf of all the Wrongful Death Beneficiaries of Rodney Sandrell Stowers v. Robert G. Germany, both Individually and as Agent/Employee/Representative/Partner Associate/Office/Director of Pittman, Germany, Roberts & Welsh, L.L.P. and Pittman, Germany, Roberts & Welsh, L.L.P.; Hinds Circuit Court 1st District; LC Case #: 25CI1:12-cv-00548; Ruling Date: 09/27/2017; Ruling Judge: Stephen Simpson; Majority Opinion: Ishee, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur. Kitchens, P.J., not participating.

T. Mark Sledge v. Grenfell Sledge And Stevens, PLLC d/b/a Grenfell & Stevens, PLLC, James B. Grenfell and John Hunter Stevens, Individually; Hinds Chancery Court 1st District; LC Case #: 25CH1:16-cv-000583; Ruling Date: 06/19/2017; Ruling Judge: M. Doleac; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., King, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., not participating.

Officer Joe Edney in his Individual and Official Capacities v. Carlos Williams; Washington Circuit Court; LC Case #: 2010-0051(CMC)(S); Ruling Date: 03/20/2017; Ruling Judge: Margaret Carey-McCray; Majority Opinion: King, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., not participating.

Michael T. Gerty and State of Mississippi Ex Rel. Jim Hood, Attorney General v. Joesie R. Gerty; Harrison Chancery Court 1st District; LC Case #: 24CH1:13-cv-02446-JS; Ruling Date: 06/08/2017; Ruling Judge: Jennifer Schloegel; Majority Opinion: Randolph, P.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and Appellee are taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

In Re: Advisory Committee on Rules; Disposition: Order appointing Court of Appeals Judge Jack L. Wilson as a member of the Advisory Committee on Rules for a three-year term (1/1/19 through 12/31/21). All Justices Agree. Order entered 12/10/18.

David Gardner v. State of Mississippi; Coahoma Circuit Court; LC Case #: 8862; Ruling Judge: Kenneth Thomas; Disposition: The motion titled "Leave to Proceed in Trial Court" filed by David Gardner is dismissed. To Dismiss: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J. King, J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Ronnie Smith a/k/a Ronnie Edward Smith v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-967; Ruling Judge: Tomie Green; Disposition: Ronnie Smith's Application to File a Post-Conviction Petition in the Trial Court is dismissed. Ronnie Smith's quorum motion is dismissed as moot. To Dismiss Application: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny Application: Randolph, P.J. To Dismiss Quorum Motion as Moot: Waller, C.J., Randolph and Kitchens, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Dismiss Quorum Motion: King, J. To Deny Quorum Motion: Coleman, J. King, J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

David Cox v. State of Mississippi; Union Circuit Court; LC Case #: CR2010-218; Ruling Date: 09/22/2012; Ruling Judge: John Gregory; Disposition: The Motion to Remand and the Second Motion to Remand filed by the State are granted. The "Motion for Dismissal of Present State Appointed Counsel . . . and Termination of All Appeals and Immediately Have Execution Date Set" and the Motion for Retraction filed pro se by David Cox are remanded in part to the trial court. The Petitioner's Motion for Leave to Withdraw his Pro Se Filings and to Withdraw all Purported Waivers filed by counsel for Cox is remanded to the trial court. Agreed: All Justices. Order entered.

Joe Nathan Harris v. State of Mississippi; Wayne Circuit Court; LC Case #: 8763; Ruling Judge: Lester Williamson, Jr.; Disposition: Joe Nathan Harris's Application for Leave to Proceed in the Trial Court is dismissed. To Dismiss: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J. King, J., Objects to the Order in Part with Separate Written Statement Joined By Kitchens, P.J. Order entered.

Greenwood Leflore Hospital v. Mark Anthony Bennett as the Administrator of the Estate of Jacqueline Deal, Deceased; Leflore Circuit Court; LC Case #: 2009-0076 CICI; Ruling Date: 08/21/2015; Ruling Judge: Margaret Carey-McCray; Disposition: The Petition for Writ of Certiorari filed by counsel for Greenwood Leflore Hospital is denied. To Deny: All Justices. Order entered.

John Bartholomew Lowe a/k/a John B. Lowe a/k/a John Lowe v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-343-KR2; Ruling Date: 11/20/2015; Ruling Judge: Dal Williamson; Disposition: The Motion for Writ of Certiorari filed on behalf of Appellant John Bartholomew Lowe by the Office of State Public Defender, Indigent Appeals Division is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Kitchens, P.J., Objects to the Order with Separate Written Statement Joined by King, J. Order entered.

John Bartholomew Lowe a/k/a John B. Lowe a/k/a John Lowe v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2009-343-KR2; Ruling Date: 11/20/2015; Ruling Judge: Dal Williamson; Disposition: The Motion for Writ of Certiorari filed by John Bartholomew Lowe, pro se, is denied. To Deny: All Justices. Order entered.

Sarah Hodnett, Individually and as Trustee of The Hodnett Land Trust, and Bank of Anguilla, a Mississippi Banking Corporation v. Tim Hodnett; Sharkey Chancery Court; LC Case #: 14-041; Ruling Date: 04/12/2016; Ruling Judge: Hollis McGehee; Disposition: The Petition for Certiorari of Sara Hodnett is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ. To Grant: Maxwell, J. Order entered.

Brittany Spann, LPN, Mary McGowan, LPN, Patricia Rhodes, LPN, and Barbara Scott, LPN v. Patsy Wood, Individually, as Administratrix of The Estate of Patricia Bridgeman Peoples, Deceased, Natural Daughter and Wrongful Death Beneficiary of Patricia Bridgeman Peoples; Sandra Kay Madison, Natural Daughter and Wrongful Death Beneficiary of Patricia Bridgeman Peoples and Samuel Peoples, Natural Son and Wrongful Death Beneficiary of Patricia Bridgeman Peoples; Hinds Circuit Court 1st District; LC Case #: 251-13-807CIV; Ruling Date: 06/29/2016; Ruling Judge: Winston Kidd; Disposition: The Motion for Rehearing filed by the Appellees is denied. Kitchens, P.J., and King, J., would grant.

Jerry Page a/k/a Jerry Abram a/k/a Jerry Abrams v. State of Mississippi; Marion Circuit Court; LC Case #: K15-0094H-A; Ruling Date: 09/26/2016; Ruling Judge: Prentiss Harrell; Disposition: The Writ of Certiorari filed by Jerry Page, pro se is dismissed. Order entered.

Kacy Williams v. State of Mississippi; Leflore Circuit Court; LC Case #: 2015-0180; Ruling Date: 10/11/2016; Ruling Judge: Margaret Carey-McCray; Disposition: Kacy Williams's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.

Shannon Craig Parker a/k/a Shannon C. Parker a/k/a Shannon Parker v. State of Mississippi; Forrest Circuit Court; LC Case #: 16-370W; Ruling Date: 09/27/2016; Ruling Judge: Jon Weathers; Disposition: The Petition for Writ of Certiorari filed by Shannon Craig Parker is granted. To Grant: Waller, C.J., Kitchens, P.J., King and Ishee, JJ. To Deny: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Order entered.

Marquan D. Stover v. Elaine G. Davis, Executrix of the Estate of Tamora G. Robinson, Deceased; Hinds Chancery Court 2nd District; LC Case #: P-2013-74S/2; Ruling Date: 10/13/2016; Ruling Judge: William Singletary; Disposition: The Petition for Writ of Certiorari filed by Marquan Stover is granted. To Grant: All Justices. Order entered.

Leslie Danielle Dewitt a/k/a Leslie D. Dewitt v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2014-019; Ruling Date: 10/17/2016; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Writ of Certiorari to the Mississippi Supreme Court of Leslie Danielle Dewitt Pursuant to M.R.A.P. 17 is denied. All Justices Agree. Order entered.

Reinaldo Bacallao v. Madison County, Mississippi; Madison Circuit Court; LC Case #: 45CI1:15-cv-00134; Ruling Date: 12/15/2016; Ruling Judge: Betty Sanders; Disposition: Reinaldo Bacallao's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.

Bettina Grandberry v. RIH Acquisitions MS II, LLC d/b/a Bally's Casino; Tunica Circuit Court; LC Case #: 2015-130; Ruling Date: 01/27/2017; Ruling Judge: Charles Webster; Disposition: The Petition for a Writ of Certiorari filed pro se by Bettina Grandberry is dismissed. Order entered.

Mark Edward Campbell v. Misty McDaniel Campbell; Grenada Chancery Court; LC Case #: 22CH1:09-cv-00021; Ruling Date: 02/01/2017; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Petition for Writ of Certiorari filed by Misty McDaniel Campbell is denied. To Deny: All Justices. Order entered.

George Huey v. RGIS Inventory Specialists and Fidelity & Guaranty Insurance Company; LC Case #: 0904755-K-7478; Ruling Date: 03/22/2017; Consolidated with 2013-CT-00310-SCT George Huey v. RGIS Inventory Specialists and Fidelity & Guaranty Insurance Company; Mississippi Workers' Compensation Commission; LC Case #: 09-04755-K-7478-E; Ruling Date: 01/24/2013; ; Disposition: The Petition for Writ of Certiorari filed by Appellant George Huey is denied. To Deny: All Justices. Order entered.

Cederic Young a/k/a Cedric Young a/k/a Cedric Demone Young a/k/a Monster Supreme v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2015-0128-CRH; Ruling Date: 04/24/2017; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by Cederic Young is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King and Ishee, JJ. Order entered.

Eddie Earl Phillips v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-98-00750; Ruling Judge: Kosta Vlahos; Disposition: Eddie Earl Phillips's Application for Leave to File Motion for Post-Conviction Relief is dismissed. To Dismiss: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J. King, J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.

Alan Dale Walker v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 25,945; Ruling Date: 04/17/2018; Ruling Judge: Christopher Schmidt; Disposition: The Motion for Approval of Attorney Fees filed by David P. Voisin, counsel for Appellant, is granted. To Grant: All Justices. Order entered.