Prather v. State
| Docket Number: | 2007-CP-01452-COA Linked Case(s): 2007-CP-01452-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-14-2008 Opinion Author: CHANDLER, J. Holding: DISMISSED FOR LACK OF JURISDICTION |
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| Additional Case Information: |
Topic: Post-conviction relief - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 2(a)(1) - M.R.A.P. 26(a) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, and Carltong, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-17-2007 Appealed from: TIPPAH COUNTY CIRCUIT COURT Judge: Andrew K. Howorth Disposition: POST-CONVICTION RELIEF DENIED Case Number: T06-244 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | HERMAN PRATHER |
HERMAN PRATHER (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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. |
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| Topic: | Post-conviction relief - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 2(a)(1) - M.R.A.P. 26(a) |
| Summary of the Facts: | Herman Prather pled guilty to sexual battery. He filed a motion for post-conviction relief which was denied on January 19, 2007. Prather then filed his notice of appeal on August 14, 2007. |
| Summary of Opinion Analysis: | M.R.A.P. 4(a) requires that a notice of appeal be filed within 30 days after the date of entry of the judgment. Under M.R.A.P. 2(a)(1), an appeal which violates the thirty-day requirement shall be dismissed. Under M.R.A.P. 26(a), Prather had until Tuesday, February 20, 2007, to timely file his appeal. Prather has shown no good reason as to why his notice of appeal was not filed until August 2007, over five months after his thirty-day deadline for filing a notice of appeal had expired. Thus, his appeal is dismissed for lack of jurisdiction. |
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