Decisions – MSSC – 7/25/2019

Hand down list

Edward Lamar Ware v. State of MississippiLindsey brief –  Ware was convicted of possession of a weapon by a convicted felon.  His counsel on appeal filed a brief under Lindsey v. State, 939 So. 2d 743 (Miss. 2005), certifying that she searched the record but was unable to find any arguable issues for appellate review.  Ware was given the opportunity to file a pro se brief, but declined.  The MSSC affirms.

In the Interest of M.D.G., a Minor, G.J., a Minor, N.B., a Minor: Pass Christian School District v. Harrison County Youth Court of Mississippi, Roy Cuevas and Kimberly Cuevas, Individually and as Next Friends and Guardians to E.C., a Minoraccess to youth court records – E.C. alleged she was sexually assaulted on the campus of Pass Christian High School.   A trial was conducted in the youth court, and the three alleged offenders were adjudicated not delinquent.  Plaintiffs then filed suit against Pass Christian in circuit court for negligence.  Pass Christian  attempted to obtain the three youth-court files in order to defend the civil suit.   The circuit court granted the youth court a protective order, ruling that the disclosure of the record and transcript was within the discretion of the youth court.    Pass Christian then tried to gain access to the youth-court records.  A hearing was held before the youth court and the court denied Pass Christian’s request for the records.  On appeal the MSSC  holds that Pass Christian has the right to have the records disclosed to the circuit court for an in camera review to determine if any information material to the pending case was in the records.

Loren Ross  v. State of Mississippifelony DUI – Loren Ross was convicted of felony driving under the influence, fourth offense and sentenced to ten years.  On appeal he argues that the trial court erred by not polling the jury to assure that the jurors had been unanimous in specifying the particular subsection of the DUI statute Ross had violated. He argues also that the trial court erred by sentencing him to the maximum statutory penalty instead of ordering rehabilitative treatment for his alcoholism. The MSSC affirms.

Richard Vaughn Johnson, Jr. v. The Mississippi Bar – Johnson was placed on Disability Inactive Status. He now moves for reinstatement from disability inactive status. The Bar investigated and both it and Johnson’s GAL agree that Johnson is no longer incapacitated. “We grant Johnson’s Motion for Reinstatement from Disability Inactive Status and for Referral to Complaint Tribunal. Additionally, because both parties are in agreement regarding Johnson’s personal capacity, this Court finds that a hearing on the merits on the Motion for Reinstatement from Disability Inactive Status is not required.  We lift the stays on any and all pending Bar complaints against Richard Vaughn Johnson, Jr., so that a Complaint Tribunal may proceed with any pending adjudication(s).”

Joe Gregory Stewart v. The Mississippi Barapplication for reinstatement – Stewart was disbarred in 2004. He filed his third application for reinstatement which the MSSC denies.

Pro se PCR motions denied:

Kevin Dale McCain v. State of Mississippi

Thomas Taylor v. State of Mississippi

Adam Chism v. State of Mississippi

James Holloway v. State of Mississippi

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