DeLoach v. State
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 |
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Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Myers, J. Holding: Dismissed |
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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 |
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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 |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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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