12/15/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2015-CA-01484-SCT

Aubrey Mitchell, Individually and on Behalf of All The Heirs at Law and Wrongful Death Beneficiaries of Devin R. Mitchell, Deceased, and Myrtle Mitchell, Individually and as the Natural Mother and Next Friend of Aubreonna D. Mitchell, a Minor v. Ridgewood East Apartments, LLC, UAH Property Management, L.P. and Tavaris Franshay Collins; Clay Circuit Court; LC Case #: 2012-0112K; Ruling Date: 06/09/2015; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., King, Coleman, Maxwell and Beam, JJ., Concur. Randolph, P.J., and Lamar, J., not participating.

In Re: Mississippi Rules of Criminal Procedure; Disposition: Pursuant to the inherent authority vested in this Court by the Constitution of the State of Mississippi, as discussed in Newell v. State, 308 So. 2d 71 (Miss. 1975), we adopt the rules attached hereto as the Mississippi Rules of Criminal Procedure, which shall govern the procedure in all criminal proceedings in the Circuit, County, Justice and Municipal Courts of this State. These rules shall take effect on July 1, 2017. The Clerk of this Court is authorized and directed to spread this order and the rules attached hereto at large on the minutes of the Court, and the Clerk is further authorized and directed to forward a certified copy thereof to West Publishing Company for publication in a forthcoming edition of the Southern Reporter, Mississippi Cases, the official publication of decisions of this Court. All Justices Agree. Order entered.

Joseph Keys a/k/a Joseph Benjamin Keys a/k/a Skeet Keys a/k/a Joseph B. Keys v. State of Mississippi; Covington Circuit Court; LC Case #: 2012-69K; Ruling Date: 02/22/2013; Ruling Judge: Eddie Bowen; Disposition: The Petition for Writ of Certiorari filed pro se by Joseph Keys is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.

William Christopher Tucker v. Gay St. Mary Williams and Larry Williams; Hinds Circuit Court 1st District; LC Case #: 251-10-94CIV; Ruling Date: 11/22/2013; Ruling Judge: Winston Kidd; Disposition: The Motion for Rehearing filed by Appellees is denied.

Brandon Smith and Kimberly Wolfe Smith v. Milton Martin and Geneva Martin; Yazoo Chancery Court; LC Case #: 11-0225; Ruling Date: 05/16/2013; Ruling Judge: Janace Goree; Disposition: The Petition for Writ of Certiorari filed by Brandon Smith and Kimberly Wolfe Smith is granted. To Grant: Waller, C.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Deny: Dickinson, P.J., and Maxwell, J. Not Participating: Randolph, P.J. Order entered.

Crieg Alen Oster v. Consuelo Moreno Ratliff; Lincoln Chancery Court; LC Case #: 2006-0387; Ruling Date: 04/01/2014; Ruling Judge: Edward Patten, Jr.; Disposition: The Petition for Writ of Certiorari filed by Consuelo Moreno Ratliff is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.

William Michael Jordan a/k/a Booty v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 456-12; Ruling Date: 04/14/2014; Ruling Judge: Robert Bailey; Disposition: Four of the justices of this Court are of the opinion that the judgment of the Court of Appeals should be affirmed, and four are of the opinion that it should be reversed. Accordingly, the judgment of the Court of Appeals is affirmed without opinion. The costs on appeal are assessed to Lauderdale County. To Affirm: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar and Beam, JJ. King, J., Objects to the Order with Separate Written Statement Joined by Dickinson, P.J., Kitchens and Coleman, JJ. Not Participating: Maxwell, J. Waller, C.J., for the Court. Order entered.

Marquis Deshune Charleston a/k/a Marquis Charleston v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 13-0-910; Ruling Date: 05/27/2014; Ruling Judge: William Gowan, Jr.; Disposition: Marquis Charleston's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens and King, JJ. Not Participating: Randolph, P.J. Order entered.

Steve Altom and Sheree Altom v. Harland Jones; Lee Chancery Court; LC Case #: 2012-1656-41-H; Ruling Date: 08/28/2014; Ruling Judge: John Hatcher; Disposition: The Petition for Writ of Certiorari filed by Appellants is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Coleman, Maxwell and Beam, JJ. To Deny: King, J. Not Participating: Randolph, P.J. Order entered.

James Earl Polk Jr. a/k/a James K. Polk Jr. a/k/a Duke a/k/a James Earl Polk a/k/a James E. Polk Jr. a/k/a James Polk Jr. a/k/a James Polk a/k/a James Earl "Duke" Polk v. State of Mississippi; Marion Circuit Court; LC Case #: K-12-0058H; Ruling Date: 09/18/2014; Ruling Judge: Prentiss Harrell; Disposition: The Petition for Writ of Certiorari filed by James Earl Polk, Jr., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, King, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens, J. Not Participating: Randolph, P.J. Order entered.

Betty Carol Taylor v. Mississippi Environmental Quality Permit Board and Robert Curtis Errington; Greene Chancery Court; LC Case #: 2012-117-CB; Ruling Date: 06/05/2014; Ruling Judge: G. Bordis, IV; Disposition: Appellant's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.

Charles Ray Crawford a/k/a Crawford, Chuck a/k/a Charles Crawford v. Marshall L. Fisher, Commissioner, Mississippi Department of Corrections, in his Official Capacity; Earnest Lee, Superintendent, Mississippi State Penitentiary, in his Official Capacity; the Mississippi State Executioner, in his Official Capacity; and Unknown Executioners, in their Official Capacities; Hinds Circuit Court 1st District; LC Case #: 251-14-502CIV; Ruling Date: 10/29/2014; Ruling Judge: Tomie Green; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellees are taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, King and Coleman, JJ., Concur. Waller, C.J., Dissents with Separate Written Opinion Joined by Randolph, P.J., and Beam, J.; Maxwell, J., Joins in Part. Maxwell, J., Dissents with Separate Written Opinion Joined by Waller, C.J.; Randolph, P.J., and Beam, J., Join in Part. Dissenting Opinion: Waller, C.J. Votes: Randolph, P.J., and Beam, J., Join This Opinion. Maxwell, J., Joins This Opinion in Part. Dissenting Opinion: Maxwell, J. Votes: Waller, C.J., Joins This Opinion. Randolph, P.J., and Beam, J., Join This Opinion in Part.

Robert E. Lewis, Jr. a/k/a Robert Earl Lewis, Jr. a/k/a Robert Lewis v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0029-CV1; Ruling Date: 12/22/2014; Ruling Judge: James Kitchens, Jr.; Disposition: The Petition for Writ of Certiorari filed pro se by Robert E. Lewis, Jr., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Coleman and Beam, JJ. To Grant: King, J. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.

Timothy Burns v. State of Mississippi; Copiah Circuit Court; LC Case #: 2015-0016; Ruling Date: 01/21/2015; Ruling Judge: Lamar Pickard; Disposition: The Petition for Writ of Certiorari filed by Timothy Burns is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.

David Jackson a/k/a David Donnell Jackson v. State of Mississippi; Madison Circuit Court; LC Case #: CI3163; Ruling Date: 03/06/2015; Ruling Judge: John Emfinger; Disposition: The Petition for Writ of Certiorari filed pro se by David Jackson is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Beam, JJ. To Deny: Coleman, J. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.

Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Disposition: The Motion to Extend Stay of Post-Conviction Proceedings filed by Petitioner is granted. Proceedings in Petitioner's post-conviction case are stayed until this Court issues its decision on Petitioner's direct appeal. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Randolph, P.J., Concurs with Separate Written Statement. Order entered.

Ceasar Johnson, III a/k/a Cee Cee v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2013-005-CR1; Ruling Date: 04/09/2015; Ruling Judge: Charles Webster; Majority Opinion: Waller, C.J. Disposition: Count I: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Sentence shall run consecutively to any and all sentences previously imposed. Count II: Conviction of Possession of a Firearm by a Convicted Felon and Sentence of Ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence shall run consecutively to the sentence in Count I. Bolivar County taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Maxwell and Beam, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J., Kitchens and Coleman, JJ. Dissenting Opinion: King, J. Votes: Dickinson, P.J., Kitchens and Coleman, JJ., Join This Opinion.

Charles Ray Crawford a/k/a Chuck Crawford a/k/a Charles Crawford v. State of Mississippi; Tippah Circuit Court; LC Case #: HK93-022; 5780; Ruling Date: 08/06/1993; Ruling Judge: John Gregory; Disposition: The Motion for Leave to Proceed in Forma Pauperis is granted. The Application for Leave to File Motion to Vacate Conviction and Sentence is denied. Agree: Waller, C.J., Dickinson, P.J., Lamar, Coleman, Maxwell and Beam, JJ. Disagree: Kitchens and King, JJ. Not Participating: Randolph, P.J. Order entered.

In Re: Hinds County Board of Supervisors: State of Mississippi v. Victor Young, Deshawn Stevens and Lawrence Luster; Hinds Circuit Court 1st District; LC Case #: 14-0-211; Ruling Date: 07/20/2016; Ruling Judge: Jeff Weill, Sr.; Disposition: The Petition for Review of Order Denying Recusal Motion Pursuant to Rule 48B of the Mississippi Rules of Appellate Procedure filed by the Hinds County Board of Supervisors is denied. All Justices Agree. Order entered.