DeLoach v. State


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Docket Number: 2001-KA-01490-COA
Linked Case(s): 2001-CT-01490-SCT ; 2001-KA-01490-COA ; 2001-KA-01490-COA ; 2001-KA-01490-COA ; 2001-CT-01490-SCT ; 2001-CT-01490-SCT

Court of Appeals: Opinion Link
Opinion Date: 03-18-2003
Opinion Author: Myers, J.
Holding: Dismissed

Additional Case Information: Topic: Armed robbery - Out of time appeal - M.R.A.P. 4
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 05-20-1997
Appealed from: Lowndes County Circuit Court
Judge: Lee J. Howard
Disposition: GUILTY OF ARMED ROBBERY, SENTENCED TO 22 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
Case Number: 96-574-CRl

  Party Name: Attorney Name:  
Appellant: Robert Lee DeLoach




CARRIE A. JOURDAN



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY  

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Topic: Armed robbery - Out of time appeal - M.R.A.P. 4

Summary of the Facts: Robert DeLoach was convicted of armed robbery in 1997. Although he filed an affidavit of poverty stating a desire to appeal, he never perfected an appeal. It was not until 2001 that any activity proceeded on behalf of DeLoach to actually seek an appeal.

Summary of Opinion Analysis: M.R.A.P. 4 requires a notice of appeal to be filed within thirty days of judgment or from the denial of certain post-trial motions. A party may seek a thirty-day extension provided the request is filed not later than thirty days after the expiration of the time otherwise prescribed by this rule. A trial court may reopen the time for appeal if a party entitled to receive notice of entry of a judgment or order did not receive such notice within twenty one days of its entry and if no party would be prejudiced. A request to reopen must be filed with the trial court within 180 days of entry of the judgment or order or within seven days of receipt of such notice of the entry of judgment, whichever is earlier. Because these deadlines form the boundaries for the judicial discretion that can be exercised, the court did not have the authority to grant an out-of-time appeal.


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