Edmond v. State
| Docket Number: | 2007-CP-01163-SCT Linked Case(s): 2007-KA-01163-COA ; 2007-CP-01163-SCT ; 2007-CP-01163-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 07-31-2008 Opinion Author: EASLEY, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Out-of-time appeal - M.R.A.P. 4(a), (h) - M.R.A.P. 2(a)(1) Judge(s) Concurring: SMITH, C.J., WALLER AND DIAZ, P.JJ., CARLSON, DICKINSON, RANDOLPH AND LAMAR, JJ. Concurs in Result Only: GRAVES, J. Procedural History: Jury Trial; Bench Trial Nature of the Case: CIVIL - OTHER |
|
| Trial Court: |
Date of Trial Judgment: 05-04-2007 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: Edmond was convicted of forcible rape and sentenced to life imprisonment. Edmond was paroled. Shortly thereafter, Edmond had his parole revoked. Case Number: 2001-0309-CI |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ALBERT EDMOND |
ALBERT EDMOND (PRO SE) |
|
|
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP | ||
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), (h) - M.R.A.P. 2(a)(1) |
| Summary of the Facts: | In 1974, Albert Edmond was convicted of forcible rape in Hinds County and sentenced to life imprisonment. His conviction was affirmed on appeal. In 1982, Edmond was paroled. Shortly thereafter, Edmond had his parole revoked. In 1999, Edmond filed a “Petition for Writ of Habeas Corpus” in the Circuit Court of Greene County asserting that his parole was unlawfully revoked in 1982. The judge denied the petition. Edmond appealed, and the Supreme Court remanded the case for an evidentiary hearing. On July 21, 2001, the trial judge denied Edmond’s petition for habeas corpus and dismissed the case with prejudice. On January 23, 2006, Edmond filed a petition for writ of mandamus. Thereafter, Edmond filed a motion for out-of-time appeal. The judge denied Edmond’s motion for out-of-time appeal. Edmond appeals. |
| Summary of Opinion Analysis: | The trial court dismissed Edmond’s claims pursuant to M.R.A.P. 4(h). Edmond argues that, through no fault of his own, he was unable to timely file an appeal. M.R.A.P. 2(a)(1) provides for mandatory dismissal of an appeal if the notice of appeal was not timely filed pursuant to Rules 4 or 5. While Rule 4(a) provides the timeline for filing an appeal, Rule 4(h) provides for a limited exception by allowing a trial court to re-open the time period for an appeal. The 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. Edmond filed his motion for out-of-time appeal on August 28, 2007, more than five years after the July 2001 entry of judgment. In addition, Edmond filed his motion more than 180 days after he admitted that he had notice of the July 2001 judgment against him. Because the motion was filed more than 180 days after the entry of the order, the trial court had no jurisdiction to consider the motion. In addition, Edmond fails to demonstrate any reason why the Court should suspend the rules and consider his claims. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
