Rabalais v. State


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Docket Number: 2006-CP-01832-COA
Linked Case(s): 2006-CP-01832-COA
Court of Appeals: Opinion Link
Opinion Date: 04-01-2008
Opinion Author: IRVING, J.
Holding: Appeal Dismissed
Additional Case Information: Topic: Rape - Clarification of sentence - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 2(a)(1)
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Dismissal; PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF
Trial Court: Date of Trial Judgment: 08-18-2006
Appealed from: Hancock County Circuit Court
Judge: Jerry O. Terry, Sr.
Disposition: MOTION TO CLARIFY SENTENCE DENIED
Case Number: 8027
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: KENNETH FRANCES RABALAIS




 KENNETH FRANCES RABALAIS (PRO SE)



  
  • Appellant #1 Brief
  • Appellant #1 Reply Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY  
    Synopsis provided by:

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    Topic: Rape - Clarification of sentence - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 2(a)(1)
    Summary of the Facts: Kenneth Rabalais was convicted of rape and sentenced to life without the possibility of parole. Believing that he was eligible for parole, Rabalais filed a motion to clarify his sentence, which the court summarily denied. Rabalais appeals.
    Summary of Opinion Analysis: Rabalais’s petition was denied on August 18, 2006. Rabalais signed his notice of appeal on September 20, 2006, and the notice was not filed until December 15, 2006. M.R.A.P. 4(a) grants an aggrieved party thirty days to file an appeal in a civil or criminal case. Therefore, Rabalais’s petition had to be filed by September 18, 2006, in order to be timely. Under M.R.A.P. 2(a)(1), his failure to timely appeal the judgment requires dismissal.


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