04/12/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Beam, Dawn H., J.
X  2017-CA-00211-SCT

Victor May v. Kenneth Jarnell Austin, a Minor, By and Through His Parents and Natural Guardians, Rex Austin and Regina Austin and Mississippi Farm Bureau Casualty Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-12-328CIV; Ruling Date: 05/03/2016; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Beam, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., Coleman, Chamberlin and Ishee, JJ., Concur. King, J., Concurs in Result Only without Separate Written Opinion. Maxwell, J., Concurs in Part and in Result without Separate Written Opinion. Waller, C.J., not participating.

John Davis and Shad Denson v. City of Jackson, Mississippi; Hinds Chancery Court 1st District; LC Case #: 25CH1:16-CV-000287; Ruling Date: 12/15/2016; Ruling Judge: William Singletary; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Desmond D. Walton v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-521-CR; Ruling Date: 08/04/2005; Ruling Judge: Robert Helfrich; Disposition: Desmond D. Walton's Application for Leave to File Motion to Vacate, Set Aside or Correct the Sentence for Post-Conviction Collateral Relief with the Circuit Court of Forrest County, Mississippi is dismissed. Walton is hereby restricted from filing further petitions for post-conviction collateral relief (or pleadings in that nature) that are related to this conviction and sentence in forma pauperis until he has paid all outstanding sanctions. The Clerk of this Court shall not accept for filing any further petitions for post-conviction collateral relief (or pleadings in that nature) from Walton that are related to this conviction and sentence unless he either (a) pays the applicable docket fee or (b) pays all outstanding sanctions, thus lifting the in forma pauperis restriction. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ. Disagree: Kitchens, P.J., King, Beam and Ishee, JJ. 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; Disposition: The Motion for Rehearing filed by Appellee is denied. Waller, C.J., Kitchens, P.J., King and Coleman, JJ., would grant. Opinion modified at ¶8 and ¶12.

Timothy Robert Ronk a/k/a Timothy Ronk a/k/a Timothy R. Ronk v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-09-434; Ruling Date: 10/08/2010; Ruling Judge: Lisa Dodson; Disposition: Timothy Robert Ronk's Motion for Sealed Document to Remain Under Seal is granted. The document titled "Redacted Information from Supplemental Exhibits" shall remain sealed unless the Court orders otherwise. All Justices Agree. Order entered.

Kevin Darnell Powell a/k/a Kevin Powell v. State of Mississippi; Warren Circuit Court; LC Case #: 14,0115 CRP; Ruling Date: 12/10/2015; Ruling Judge: Isadore Patrick, Jr.; Disposition: The Petition for Writ of Certiorari filed by Kevin Darnell Powell is denied. To Deny: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J. Not Participating: Ishee, J. Order entered.

The Estate of Jack Howard Bankston, Deceased: Victoria Bankston v. CLC of Biloxi, LLC d/b/a Biloxi Community Living Center; Harrison Circuit Court 2nd District; LC Case #: A2402-14-128; Ruling Date: 04/26/2016; Ruling Judge: Christopher Schmidt; Disposition: The Petition for Writ of Certiorari filed by Appellee 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.

Presbytery of St. Andrew, Presbyterian Church U.S.A., Inc. v. First Presbyterian Church PCUSA of Starkville, Mississippi; Oktibbeha Chancery Court; LC Case #: 53CH1:15-cv-00151-HD; Ruling Date: 07/27/2016; Ruling Judge: H. Davidson, Jr.; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Dissenting Opinion: King, J. Votes: Kitchens, P.J., Joins This Opinion.

Ralph Arnold Smith, Jr., Individually, and Ex Rel. the State of Mississippi v. James M. Hood, III, who Purports to be acting as Attorney General for the State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 2016-cv-375-WLK; Ruling Date: 10/04/2016; Ruling Judge: Winston Kidd; Disposition: The Motion for Rehearing filed by Appellant is denied. Coleman, J., not participating.

Crossgates River Oaks Hospital, Grenada Lake Medical Center, Riley Memorial Hospital, Natchez Community Hospital, Woman's Hospital, Northwest Mississippi Regional Medical Center, Biloxi Regional Medical Center, River Oaks Hospital, King's Daughters Medical Center-Brookhaven, St. Dominic-Jackson Memorial Hospital and Delta Regional Medical Center v. Mississippi Division of Medicaid and David J. Dzielak, Ph.D., In His Official Capacity as Executive Director of Mississippi Division of Medicaid; Hinds Chancery Court 1st District; LC Case #: G2011-1543 W/4; Ruling Date: 10/31/2016; Ruling Judge: Patricia Wise; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellees are taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Rebecca Keyes v. Dollar General Corporation; Smith Circuit Court; LC Case #: 2016-102-2; Ruling Date: 12/15/2016; Ruling Judge: Stanley Sorey; Majority Opinion: Randolph, P.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and Appellee taxed with costs of appeal. Votes: Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Waller, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Kitchens, P.J., King and Coleman, JJ. Concurring in Part and Dissenting in Part Opinion: Waller, C.J. Votes: Kitchens, P.J., King and Coleman, JJ., Join This Opinion.