Appeals
Appeals
In rendering a decision, judges must base their ruling on the then-existing laws in the state of Mississippi. However, everyone makes mistakes, even judges. For trials involving family law, many people may leave court knowing that the judge did not rule correctly on their case. For trials depending upon a jury for a verdict, many people may leave court knowing the jury did not deliver the right verdict.
Fortunately, in both circumstances, the courts recognize mistakes occur and created a provision allowing you to appeal any verdict, be it a wrongful felony conviction or an improper ruling of a judge denying you custody of your children. In either case, the courts allow you to appeal the decision to the Supreme Court of Mississippi. Appeals must be filed within thirty (30) days of the date when the court entered the final order or decree.
Just as mistakes can be made by judges in higher courts, mistakes are sometimes made in municipal courts (which have jurisdiction over misdemeanor crimes within the city limits) and in justice courts (which have jurisdiction over crimes occurring in the county but outside of the city limits). As is the case with felony convictions, a defendant has an automatic right to appeal a conviction from a Justice Court or a Municipal Court to the Circuit Court or, in those counties having a County Court, to the County Court. As is the case with a felony conviction, an appeal must be filed within thirty (30) days of the date the court entered an order of conviction.
Post-Conviction Relief
The courts also recognize mistakes may occur during the investigation of a felony and the trial itself. In these circumstances, the courts have created a provision allowing you to obtain post-conviction relief for reasons such as evidence not available at trial becoming available after conviction that would otherwise vindicate you, entering a plea involuntarily, or an unconstitutional conviction or sentence. Requests for post-conviction relief must be filed within three (3) years after the Supreme Court of Mississippi rules on an appeal, or in the event no appeal is taken, within three (3) years after the time for taking an appeal has passed.
If you find yourself or a family member in the unfortunate position of having been the victim of a mistake in the justice system, the attorneys at Garrett, Friday, and Garner can help you. Our attorneys have experience filing and pursuing appeals before the Mississippi Court of Appeals and the Supreme Court of Mississippi as well as in bringing appeals from Justice Courts or Municipal Courts. Our attorneys are also experienced in pursuing post-conviction relief for those entitled to justice.
The attorneys at Garret, Friday & McRight handle appeals from:
- Chancery Courts
- Circuit Courts
- County Courts
- Justice Courts
- Municipal Courts
- United States District Courts
Frequently Asked Questions
Find clarity on common legal questions and learn how our team is here to help every step of the way.
