Nichols v. City of Madison
| Docket Number: | 2009-KM-01007-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-25-2010 Opinion Author: Barnes, J. Holding: Appeal Dismissed |
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| Additional Case Information: |
Topic: DUI first offense & Careless driving - Jurisdiction - Section 11-51-81 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 05-19-2009 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: CONVICTED OF DRIVING UNDER THE INFLUENCE, FIRST OFFENSE, AND SENTENCED TO FORTY-EIGHT HOURS IN THE CUSTODY OF THE MADISON COUNTY SHERIFF’S DEPARTMENT, AND CONVICTED OF CARELESS DRIVING AND ORDERED TO PAY A $50 FINE Case Number: 2008-0582-C |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jarret Nichols |
BETTY SLADE DEROSSETTE, VANN FREDRIC LEONARD, R. SCANLON FRALEY |
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| Appellee: | City of Madison, Mississippi | JOHN HEDGLIN | ||
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: | DUI first offense & Careless driving - Jurisdiction - Section 11-51-81 |
| Summary of the Facts: | Jarret Nichols entered a plea of nolo contendre with the Madison Municipal Court to the charges of driving under the influence, first offense, and careless driving. After a de novo trial in the County Court of Madison County, Nichols was found guilty of both charges, and a final judgment of conviction on the charges was entered on August 7, 2008. Nichols appealed the judgment to the Madison County Circuit Court, and on May 19, 2009, the circuit court affirmed his convictions. Nichols appeals. |
| Summary of Opinion Analysis: | Nichols’s case originated in municipal court, was tried de novo in county court, and affirmed by the circuit court. Therefore, under section 11-51-81, Nichols is not permitted a further appeal unless a constitutional issue is presented and his appeal is specifically allowed by either the circuit judge or by a judge of the supreme court. There is no constitutional question present in the appeal, and Nichols has not submitted any to the Court allowing the case to proceed. Accordingly, Nichols’s appeal is dismissed. |
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