McGruder v. State


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Docket Number: 2001-KA-01542-COA
Linked Case(s): 2001-CT-01542-COA ; 2001-CT-01542-SCT ; 2001-CT-01542-SCT ; 2001-CT-01542-COA ; 2001-CT-01542-SCT

Court of Appeals: Opinion Link
Opinion Date: 01-21-2003
Opinion Author: Myers, J.
Holding: Dismissed

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

Trial Court: Date of Trial Judgment: 11-29-2000
Appealed from: Yazoo County Circuit Court
Judge: Jannie M. Lewis
Disposition: COUNT I - MURDER: SENTENCED TO LIFE IN THE CUSTODY OF MDOC; COUNT II - MURDER: SENTENCED TO LIFE IN THE CUSTODY OF MDOC WITH COUNTS I AND II TO RUN CONCURRENTLY; COUNT III - ARSON: SENTENCED TO 10 YEARS IN THE CUSTODY OF MDOC TO RUN CONSECUTIVELY WITH COUNTS I AND II.
District Attorney: James H. Powell, III
Case Number: 98-8387

  Party Name: Attorney Name:  
Appellant: Anthony McGruder




BELINDA J. STEVENS



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Murder & Arson - Timeliness of appeal - M.R.A.P. 4

Summary of the Facts: Anthony McGruder was convicted of two counts of murder and one count of arson. He was sentenced to life for each of the murder counts and ten years for the arson count. He appeals.

Summary of Opinion Analysis: M.R.A.P. 4(e) requires a defendant to file notice of his appeal by thirty days from entry of the order denying either a motion for a judgment notwithstanding the verdict or a motion for a new trial. M.R.A.P. 4(h) allows the trial court to reopen the time for appeal if it finds that a party did not receive notice of the entry of the judgment within twenty-one days and that no party would be prejudiced by reopening time for an appeal. This power is limited to within 180 days of the entry of the judgment or within seven days of receipt of notice only, whichever is earlier. McGruder’s sentence was filed December 6, 2000, and he filed a motion for out of time appeal on November 19, 2001, which the court denied. Therefore, his appeal is dismissed as time barred.


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