01/31/2019 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P., J.
X  2017-EC-01587-SCT

William Randle, Jr. a/k/a Booman and The Democratic Executive Committee of the City of Okolona, Mississippi v. Tommie James Ivy, Sr.; Chickasaw Circuit Court 2nd District; LC Case #: 02017-026; Ruling Date: 11/17/2017; Ruling Judge: Barry Ford; Majority Opinion: Chamberlin, J. Disposition: On Direct Appeal: Affirmed in Part, Reversed in Part and Remanded. On Cross-Appeal: Dismissed. Appellants and Appellee are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Ishee, JJ., Concur.

In the Matter of the Determination of Wrongful Death Heirs of Jeff Underhill, Deceased: Joe Alexander v. Matthew Bryan DeForest; Greene Chancery Court; LC Case #: 2016-72-NH; Ruling Date: 11/04/2016; Ruling Judge: D. Harris, Sr.; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., King, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Waller, C.J., not participating.

Randy Binning v. State of Mississippi; Tunica Circuit Court; LC Case #: CR2014-0005; Ruling Date: 12/14/2017; Ruling Judge: Charles Webster; Majority Opinion: King, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Waller, C.J., not participating.

Kathryn Schroeder Clark, with Power of Attorney for Helen Schroeder v. Lisa Younger Neese, Administratrix of the Estate of Harry L. Schroeder, Deceased; Lowndes Circuit Court; LC Case #: 2010-0011-CV1 K; Ruling Date: 06/01/2016; Ruling Judge: James Kitchens, Jr.; Consolidated with 2012-CA-00653-SCT Kathryn Schroeder Clark, with Power of Attorney for Helen Schroeder v. Lisa Younger Neese, Administratrix of the Estate of Harry L. Schroeder, Deceased; Lowndes Circuit Court; LC Case #: 2010-0011-CV1; Ruling Date: 03/21/2012; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Waller, C.J. Disposition: The Motion for Rehearing is denied. The previous opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., King, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Coleman, J., not participating.

Kathryn Schroeder Clark, with Power of Attorney for Helen Schroeder v. Lisa Younger Neese, Administratrix of the Estate of Harry L. Schroeder, Deceased; Lowndes Circuit Court; LC Case #: 2010-0011-CV1 K; Ruling Date: 06/01/2016; Ruling Judge: James Kitchens, Jr.; Consolidated with 2012-CA-00653-SCT Kathryn Schroeder Clark, with Power of Attorney for Helen Schroeder v. Lisa Younger Neese, Administratrix of the Estate of Harry L. Schroeder, Deceased; Lowndes Circuit Court; LC Case #: 2010-0011-CV1; Ruling Date: 03/21/2012; Ruling Judge: James Kitchens, Jr.; Disposition: The Motion for Rehearing filed by Appellee is denied. The previous opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. See opinion of this Court handed down this date. Coleman, J., not participating.

Michael Donaldson a/k/a Michael Paul Donaldson a/k/a Mike Donaldson v. State of Mississippi; Rankin Circuit Court; LC Case #: 24,519; Ruling Date: 02/02/2015; Ruling Judge: William Chapman, III; Disposition: Michael Donaldson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J. Order entered.

V'Nell L. Miskell a/k/a V'Nell Miskell a/k/a V'Nell Lee Miskell v. State of Mississippi; Forrest Circuit Court; LC Case #: 15-620W; Ruling Date: 12/09/2016; Ruling Judge: Jon Weathers; Disposition: The Petition for Certiorari filed by V'Nell L. Miskell is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Waller, C.J. Order entered.

Justin Peterson a/k/a Justin Dale Peterson a/k/a Justin D. Peterson v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2014-0043H-PC; Ruling Date: 12/26/2014; Ruling Judge: Prentiss Harrell; Disposition: Justin Peterson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam, Chamberlin and Ishee, JJ. To Dismiss: Coleman, J. Order entered.

Edward A. Hyde and Pattie Hyde v. Linus Baxter Martin, III, M.D. and Rush Medical Foundation d/b/a Rush Foundation Hospital; Lauderdale Circuit Court; LC Case #: 15-CV-018(W); Ruling Date: 06/05/2017; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Maxwell, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Beam and Ishee, JJ., Concur. Kitchens, P.J., Concurs in Result Only with Separate Written Opinion Joined by King, J. Chamberlin, J., not participating. Concur in Result Only Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.

The Door Shop, Inc. v. Alcorn County Electric Power Association; Alcorn Circuit Court; LC Case #: CV14-018RA; Ruling Date: 06/08/2017; Ruling Judge: James Roberts, Jr.; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., and King, J., would grant. Maxwell, J., not participating. Opinion modified at paragraph 18.

Jonsha Bell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 94-3-104; Ruling Judge: William Gowan, Jr.; Disposition: Jonsha Bell's Application for Leave to File Motion for Post-Conviction Relief 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. King, J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J., and Ishee, J. Order entered.

Colony Insurance Company v. First Specialty Insurance Corporation; LC Case #: 17-60094; Majority Opinion: King, J. Disposition: Certified Question No. 1 Answered, Certified Question No. 2 Declined. Appellant and Appellee are taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Waller, C.J., not participating.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: En banc order appointing Jamie Patrick as a Deputy Marshal of the Supreme Court of Mississippi effective March 1, 2019. Order entered: 1/24/19.