Decisions – COA – Oct. 17, 2016

Sheyuna Vance v. Mississippi Department of Human Services (Child Support Division) – child support – Sheyuna Vance and Perris Harris were divorced in February 2008. Vance received custody of the couple’s child, Perris, with Harris paying monthly child support to Vance.  In April 2009, Vance enrolled in AFDC. He sent a notice to MDHS directing that child-support payments be sent to MDHS.  In January 2011, Perris was removed from Vance’s custody due to allegations of abuse. The Hinds County Youth Court placed the child with  his maternal grandmother, Renatta Howard, and then in foster care and then with his  maternal aunt, Keyuna Vance.  At that point (April 2011), MDHS placed disbursement of the incoming child-support payments on hold due to the child’s frequent changes of home. In July 2011, MDHS removed the child from the custody of Keyuna and placed him back in foster care. In August 2012, MDHS placed him back with Howard.   Perris was finally placed with his mother  full time in May 2014. Vance then filed suit seeking distribution of the approximately $25,000 in child support on hold with MDHS. The chancellor distributed the monies pro rata between Vance, Howard, and Keyuna based on the timeline of who had custody of the child. The chancellor ordered the child support collected while the child was in foster care to be returned to the father, Harris. And the other rest distributed among the other family members based on how long Perris was in their care.   Vance appeals arguing that she was entitled to all of it. The COA affirms the order distributing the money among the family members but holds that the rest should not have gone to the father but to MDHS for the time Perris was in foster care.

Demario Walker  v. State of Mississippi parole violation – Demario is a con man who finds it impossible to conform his behavior so that he doesn’t violate the law. He was on probation from various charges when his parole offer sought to revoke him for failure to meet with his parole officer, failure to pay fees and fines, etc.  The court revoked his probation and ordered he serve the remaining part of his five-year sentence.  Demario fiked a pcr and lost.  He now appeals and the COA affirms the revocation but finds that the revocation was for technical violations and, thus, the court was limited to revoking him for 90 days as per statute. Demario, though, was convicted of more crimes in Rankin (thank you Rankin County prosecutors!) in August so he’s not getting out soon.  But when he does, don’t ever take a check from this guy. A few years ago he was indicted as an habitual in Hinds but the Hinds DA agreed to let him plead to time served.

Brenda Crater v. Bank of New York Mellon, as Trustee for the Certificate Holders of CWABS Inc., Asset Backed Certificates 2004-10, CWABS Inc., Asset Backed Certificates 2004-10 foreclosure – In June 2004, Crater purchased a home in June 2004 and  financed it with a a loan obtained from Home Loan Corporation doing business as Expanded Mortgage Credit. Crater secured the loan by a deed of trust.  On March 13, 2008, HLC surrendered its authorityto conduct business in Mississippi. In  December 2012, Mortgage Electronic Registration System Inc. (MERS), as nominee for HLC, assigned the deed of trust to Mellon.  Mellon initiated a foreclosure action against Crater. In February  2014, Crater filed a complaint in DeSoto County Chancery Court seeking to set aside the foreclosure. The trial court denied relief and the COA affirms.

Boyce Willard v. Mississippi State Parole Boardparole –  Willard was convicted of murder in 1984 and  sentenced to life in prison, with eligibility for parole consideration after serving ten years of his sentence. Willard became eligible for parole on February 19, 1994, but, despite being considered, the Parole Board has refused to release him  finding that Willard lacked the ability or willingness to fulfill the obligations of a law-abiding citizen. The last denial, the  Board imposed a five-year set-off.  In February 2015, Willard filed a motion with the circuit court for declaratory and injunctive relief. Willard argued that the Parole Board’s denial of parole and its five-year set-off for reconsidering parole violated his due-process rights. The court denies relief.  The COA affirms.

Jose Hoss Serio v. Melissa Seriodivision of marital property – The Serios were married in 1995, had two daughters, and separated in 2013.  He is a nurse practitioner.  She is an LPN. Jose is appealing the division of marital property and the award of alimony.  The COA affirms in part but reverses  the chancery court’s classification of a bank account as Melissa’s separate property.

Arlan Dorman v. Artis Franklin Power, Earl Baker, Sharon Humphries, Robert E. Weathersby, III, and Cynthia Paris Weathersby a/k/a Cindy P. Weathersby a/k/a Cynthia Renee Paris Weathersbyfraudulent transfer of deed – Dornan filed suit against the defendants arguing that Power had chested him out of some land by promising to take the deed, obtain a loan.  The court dismisses via summary judgment on teh grounds that the complaint failed to specify the fraud. The COA affirms.

Pro se PCR affirmed:

 Tramendez S. Mosley v. State of Mississippi

 

 

 

 

 

 

 

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