McGruder v. State
Docket Number: | 2003-TS-00689 Linked Case(s): 2003-KA-00689-COA ; 2003-KA-00689-COA ; 2003-TS-00689 |
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Supreme Court: | Opinion Link Opinion Date: 09-11-2003 Opinion Author: Waller, J. Holding: Reversed and Remanded to the Court of Appeals |
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Additional Case Information: |
Topic: Out of time appeal - M.R.A.P. 4(a) & (d) Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb, Carlson and Graves, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : McRae, P.J., and Easley, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 03-21-2003 Appealed from: Yazoo Circuit Court Judge: Jannie M. Lewis Disposition: Appellant was convicted of murder. District Attorney: James H. Powell, III Case Number: 98-8387 |
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Consolidated: 2001-CT-01542-SCT Anthony McGruder v. State of Mississippi; Yazoo Circuit Court; LC Case #: 98-8387; Ruling Date: 11/29/2000; Ruling Judge: Jannie M. Lewis | ||
Note: | The Supreme Court found that the Court of Appeals should have rendered a decision on this fully briefed appeal, and it reversed the Court of Appeals' judgment and remanded the case to the Court of Appeals for a decision on the merits. |
Party Name: | Attorney Name: | |||
Appellant: | Anthony McGruder |
BELINDA J. STEVENS |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | Out of time appeal - M.R.A.P. 4(a) & (d) |
Summary of the Facts: | The Court of Appeals dismissed McGruder's direct appeal of his criminal conviction as untimely filed. The Supreme Court granted certiorari. |
Summary of Opinion Analysis: | M.R.A.P. 4(a) and (d) require that an appeal be filed within thirty days after the court has ruled on post-trial motions. An extension may be granted in the trial court upon motion filed within thirty days after the expiration of the time otherwise allowed. The Supreme Court may grant an out-of-time appeal where a person is convicted of a crime and through no fault of his own is effectively denied his right to perfect his appeal within the time prescribed by law by the acts of his attorney or the trial court. McGruder has done nothing to delay the perfection of his appeal. His trial counsel simply failed to file a JNOV until four months after the jury verdict and sentence were entered. Justice demands that the out-of-time appeal filed by McGruder’s new counsel be allowed and that this case be considered on the merits. |
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