Mississippi Notice of Appeal in a Criminal Case

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US-00839
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Defendant files a notice of appeal through his/her attorney. The appeal is taken for a trial de novo and a trial by jury is requested.
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FAQ

Appeals of cases that were heard in circuit, chancery or youth court must be filed with the Supreme Court of Mississippi. The Supreme Court decides which cases stay in the Supreme Court and which are sent to the Court of Appeals. Certain cases, such as death penalty cases, always remain with the Supreme Court.

Rule 40 - Petition for Rehearing (a)Time for Filing; Content; Answer; Action by Court if Granted. A motion for rehearing may be filed within 14 days after a decision is handed down on the merits of a case by the Supreme Court or the Court of Appeals.

Rule 17 - Review in the Supreme Court Following Decision by the Court of Appeals (a) Decisions of Court of Appeals Reviewable by Writ of Certiorari. A decision of the Court of Appeals is a final decision which is not reviewable by the Supreme Court except on writ of certiorari.

No foreign attorney may appear pro hac vice before any court or administrative agency of this state unless the foreign attorney has associated in that cause a local attorney. The name of the associated local attorney shall appear on all notices, orders, pleadings, and other papers filed in the cause.

Upon agreement to mediate, the parties must file a joint motion to stay the appeal. Parties may also agree-without supersedeas bond or other security-to stay execution of a money judgment or enforcement of an order or injunction while the case is being mediated.

Rule 40 - Assignment of Cases for Trial (a) Methods. Courts shall provide for placing of actions upon the trial calendar (1) without request of the parties; or (2) upon request of a party and notice to the other parties; or, (3) in such other manner as the court deems expedient.

Rule 4 applies to appeals and cross-appeals in all civil and criminal cases. The date of entry of judgment is the date the judgment is entered in the general docket of the clerk of the court. M.R.C.P.

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Mississippi Notice of Appeal in a Criminal Case