Rule 31-401-13.1 - Appeals of Death RulingMiss. Code Ann. § 41-61-65 provide that family members or others who disagree with a Medical Examiner's determination as to cause and manner of death shall be able to petition and present written argument to the State Medical Examiner for further review. If the petitioner still disagrees, they may petition the Circuit Court which may, in its discretion, hold a formal hearing. All costs of the petitioning and hearing shall be borne by the petitioner. The procedure for petitioning the State Medical Examiner's Office for purposes of appealing a death ruling shall be as follows:
1. Upon receipt of a petition regarding disagreement with any county medical examiner's/investigator's ruling, the State Medical Examiner will immediately contact the county medical examiner/investigator in question and discuss the case. County medical examiners/investigators themselves may contact the State Medical Examiner if they know that such a petition is going to be submitted. County medical examiners/investigators should submit any additional documentation, photographs, or other material as may be deemed necessary, in order to adequately review the case.2. The State Medical Examiner will conduct an investigation and review of the case which, in his/her discretion, may involve consultation with Forensic Laboratory personnel, Attorneys, Firearm experts, Anthropologists, and other individuals or agencies who might be able to provide helpful analysis and information.3. Upon completion of his/her investigation and review, the State Medical Examiner will submit a detailed conclusion in writing with copies both to the county medical examiner/investigator in whose jurisdiction the death occurred and to the petitioner. If a change in the Death Certificate is deemed warranted by the State Medical Examiner, on the basis of his investigation, such change will not be submitted to the State Board of Health for a period of no less than thirty (30) days, during which all parties involved will have an opportunity to submit additional information or points for discussion.31 Miss. Code. R. 401-13.1
Miss. Code Ann. § 41-61-51, et seq.