Raspberry v. City of Aberdeen
| Docket Number: | 2006-KM-01508-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-18-2007 Opinion Author: BARNES, J. Holding: Dismissal |
|
| Additional Case Information: |
Topic: Misdemeanor: DUI First Offense - Jurisdiction - Notice of court date Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - CRIMINAL - MISDEMEANOR |
|
| Trial Court: |
Date of Trial Judgment: 08-28-2006 Appealed from: MONROE COUNTY CIRCUIT COURT Judge: Sharion R. Aycock Disposition: MOTION TO RESTORE CASES TO ACTIVE DOCKET DENIED. Case Number: CR-05-283 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | DONALD RASPBERRY |
MOSE LEE SUDDUTH |
||
| Appellee: | CITY OF ABERDEEN | ROBERT H. FAULKS |
|
|
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: | Misdemeanor: DUI First Offense - Jurisdiction - Notice of court date |
| Summary of the Facts: | Donald Raspberry was convicted of driving under the influence (first offense), violation of an open container ordinance, and careless driving by the Municipal Court of the City of Aberdeen. Raspberry appealed to circuit court which dismissed and remanded his cases to the municipal court for enforcement of the sentence because Raspberry failed to appear in circuit court on the designated date. Raspberry filed a motion to restore his cases to the active docket of the circuit court. The motion was denied for lack of jurisdiction. Raspberry appeals. |
| Summary of Opinion Analysis: | Raspberry argues that the circuit court committed reversible error in overruling his motion to restore the cases to the active docket. If the motion to reinstate the appeal and the order thereon were both filed after expiration of the term of court, neither the circuit court nor the Supreme Court has jurisdiction. The circuit court dismissed the three cases on November 7, 2005, after Raspberry and his counsel did not appear for his court date. Raspberry filed his motion to restore the cases to the circuit court’s docket on March 14, 2006, which was after the conclusion of the November 2005 and February 2006 Monroe County circuit terms. Therefore, the circuit court and the Court of Appeals are without jurisdiction. However, Raspberry argues that neither he nor his counsel had notice of the November 7, 2005 court date and therefore, the circuit court retains jurisdiction of his appeal. Raspberry signed three appearance bonds after filing his notice of appeal. Each bond stated he was to appear in court November 7, 2005. According to the circuit clerk’s testimony, it is the customary practice of the circuit clerk to hand the appellant a copy of these bonds. The circuit clerk’s notifications of appeal contained the court date as well, and were addressed to defense counsel’s correct address. The record thus contains substantial evidence of proper notice provided by the circuit clerk. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
