12/14/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2017-CA-00092-SCT

Cheryl L. High v. Todd Kuhn and Angela T. Kuhn; Harrison Special Court of Eminent Domain 1st District; LC Case #: 24CO1:13-cv-00404; Ruling Date: 01/10/2017; Ruling Judge: Michael Ward; Majority Opinion: Maxwell, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ., Concur.

In Re: Code of Judicial Conduct; Disposition: 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 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: All Justices. Order entered.

In Re: Code of Judicial Conduct; Disposition: In Re: Code of Judicial Conduct; Disposition: The Mississippi Commission on Judicial Performance's Motion to Clarify, or in the Alternative, to Suspend the Rules for Good Cause Shown is denied. To Deny: All Justices. Order entered.

State of Mississippi v. Willie C. Russell a/k/a Willie Russell a/k/a William C. Russell; Sunflower Circuit Court; LC Case #: 10,130; Ruling Date: 12/30/2014; Ruling Judge: Betty Sanders; Majority Opinion: Maxwell, J. Disposition: Reversed and Remanded. Sunflower County taxed with costs of appeal. Votes: Randolph, P.J., Beam, Chamberlin and Ishee, JJ., Concur. Waller, C.J., Dissents with Separate Written Opinion, Joined by Kitchens, P.J., King and Coleman, JJ. Dissenting Opinion: Waller, C.J. Votes: Kitchens, P.J., King and Coleman, JJ., Join This Opinion.

Patrick Evans Clark a/k/a Patrick E. Clark a/k/a Patrick Clark v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR2012-27-JMP1; Ruling Date: 03/03/2015; Ruling Judge: James McClure, III; Disposition: The Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ. King, Coleman, Maxwell and Beam, JJ. Not Participating: Chamberlin and Ishee, JJ. Order entered.

In the Matter of the Estate of Houston T. Jarvis, Sr.: Shelby J. Kilpatrick, Individually and as Executrix of the Estate of Houston T. Jarvis, Sr. v. Houston T. Jarvis, Jr. and William C. Jarvis; Kemper Chancery Court; LC Case #: 2011-184(K); Ruling Date: 04/09/2015; Ruling Judge: Joseph Kilgore; Disposition: The Petition for Writ of Certiorari filed by Shelby J. Kilpatrick is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Charles Shortie v. Rochelle George, Individually and as the Personal Representative for and on behalf of the Wrongful Death Beneficiaries of Oner K. Shortie, Deceased; Sunflower Circuit Court; LC Case #: 2014-088; Ruling Date: 06/01/2015; Ruling Judge: Richard Smith; Disposition: The Petition for Writ of Certiorari of Charles Shortie is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Waller, C.J. Not Participating: Ishee, J. Order entered.

Yoginder Dandass a/k/a Yogineer Dandass a/k/a Yogi Dandass v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2013-0265-CRC; Ruling Date: 08/07/2015; Ruling Judge: Lee Coleman; Disposition: Yoginder Dandass's Petition for a Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Jerry L. Kennedy v. Claiborne County, Mississippi, by and through its Board of Supervisors, Claiborne County Hospital and Board of Trustees of Claiborne County Hospital; Claiborne Circuit Court; LC Case #: 2013-123; Ruling Date: 09/14/2015; Ruling Judge: Lamar Pickard; Disposition: The Petition for Writ of Certiorari of Appellant Jerry Kennedy is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, Jr. Order entered.

Tunica County Board of Supervisors v. HWCC-Tunica, LLC; Tunica Circuit Court; LC Case #: 2014-0162; Ruling Date: 10/13/2015; Ruling Judge: Charles Webster; Majority Opinion: Kitchens, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Coleman, J. Concurs with Separate Written Opinion, Joined by Waller, C.J., Randolph and Kitchens, P.JJ., and Maxwell, J. Chamberlin, J., Joins in Part. Concurring Opinion: Coleman, J. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., and Maxwell, J., Join This Opinion. Chamberlin, J., Joins in Part.

Lavern Jeffrey Moran a/k/a Lavern J. Moran v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 24CI-15-cv-104; Ruling Date: 01/05/2016; Ruling Judge: Roger Clark; Disposition: The Petition for Writ of Certiorari filed by Lavern Jeffrey Moran is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Rothell Chambliss a/k/a Rothel Chambliss v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2015-53KKR; Ruling Date: 02/16/2016; Ruling Judge: Lamar Pickard; Disposition: The Petition for Writ of Certiorari filed by Rothell Chambliss is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, and Chamberlin, JJ. To Grant: Kitchens, P.J., and King, J. Separate Written Statement Objecting to the Order by Kitchens, P.J., Joined by King, J. Not Participating: Ishee, J. Order entered.

In the Matter of the Estate of Dorothy Johnson, Deceased, Sheila West and Jennifer Patzius, Co-Executrices: Sheila West, Jennifer Patzius and Jessica McAlister v. Ron Johnson, Brad Johnson and Melanie Fowler; Tippah Chancery Court; LC Case #: 2010-339A; Ruling Date: 09/02/2015; Ruling Judge: Glenn Alderson; Majority Opinion: Beam, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Chamberlin and Ishee, JJ., Concur. Maxwell, J., Concurs in Part and in Result without Separate Written Opinion. Coleman, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined in Part by Maxwell, J. Concurring in Part and Dissenting in Part Opinion: Coleman, J. Votes: Maxwell, J., Joins This Opinion in Part.

Brandy Nicole Williams a/k/a Brandy Williams a/k/a Brandy N. Williams v. State of Mississippi; George Circuit Court; LC Case #: 2011-10,071(2)(3); Ruling Date: 03/18/2016; Ruling Judge: Richard McKenzie; Disposition: The Motion for Rehearing filed by the Appellant is denied. Not Participating: Ishee, J.

H. Kenneth Lefoldt, Jr., in His Capacity as Trustee for the Natchez Regional Medical Center Liquidation Trust v. Donald Rentfro, Charles Mock, William Heburn, Leroy White, John Serafin, Linda Godley, Lionel Stepter, Lee Martin, William Ernst and Jennifer Russ; LC Case #: 16-60491; Ruling Date: 04/06/2017; Majority Opinion: Randolph, P.J. Disposition: Certified Question Answered. Appellant and appellees taxed with costs of appeal. Votes: Waller, C.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion. Dissenting Opinion: Kitchens, P.J.