In re Miss. Rules Appellate Procedure

Full title: IN RE: MISSISSIPPI RULES OF APPELLATE PROCEDURE

Court: Supreme Court of Mississippi

Date published: Jul 22, 2009

No. 89-R-99027-SCT (Miss. Jul. 22, 2009)

Opinion

No. 89-R-99027-SCT.

July 22, 2009.

ORDER

GEORGE C. CARLSON, JR., PRESIDING JUSTICE.

This matter is before the Court en banc on the Court's own motion to revise an outdated reference in Rule 4 of the Mississippi Rules of Appellate Procedure. After due consideration, the Court finds that the reference in Rule 4(e) should be updated as set forth below.

ù e) Post-trial Motions in Criminal Cases. If a defendant makes a timely motion under the Uniform Criminal Rules of Circuit and County Court Practice (1) for judgment of acquittal notwithstanding the verdict of the jury, or (2) for a new trial under Rule 5.16 10.05, the time for appeal for all parties shall run from the entry of the order denying such motion. Notwithstanding anything in this rule to the contrary, in criminal cases the 30 day period shall run from the date of the denial of any motion contemplated by this subparagraph, or from the date of imposition of sentence, whichever occurs later. A notice of appeal filed after the court announces a decision sentence, or order but before it disposes of any of the above motions, is ineffective until the date of the entry of the order disposing of the last such motion outstanding, or until the date of the entry of the judgment of conviction, whichever is later. Notwithstanding the provisions of Appellate Rule 3(c), a valid notice of appeal is effective to appeal from an order disposing of any of the above motions.

IT IS THEREFORE ORDERED that Rule 4 of the Mississippi Rules of Appellate Procedure is hereby amended as set forth in this order. This amendment is effective on July 30, 2009.

IT IS FURTHER ORDERED that the Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court.

SO ORDERED, this the 22 ^nd day of July, 2009.

AGREE: ALL JUSTICES.