Opinion
No. 89-R-99027-SCT
09-29-2017
IN RE: MISSISSIPPI RULES OF APPELLATE PROCEDURE
Serial: 214843 ORDER
This matter is before the en banc Court on the Court's own motion.
After due consideration, we find Rule 22(a) of the Mississippi Rules of Appellate Procedure should be amended as set forth in the attached Exhibit A.
IT IS THEREFORE ORDERED that Rule 22(a) of the Mississippi Rules of Appellate Procedure is amended as set forth in the attached Exhibit A. The amendments are effective upon entry of this order.
IT IS FURTHER ORDERED that the Clerk of this Court must spread this order upon the minutes of the Court and forward a certified copy to West Publishing Company for publication in the advance sheets of Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court.
SO ORDERED, this the 29th day of September, 2017.
/s/ Michael K. Randolph
MICHAEL K. RANDOLPH,
PRESIDING JUSTICE
FOR THE COURT AGREE: WALLER, C.J., RANDOLPH AND KITCHENS, P.JJ., KING, COLEMAN, MAXWELL, BEAM AND CHAMBERLIN, JJ. ISHEE, J., NOT PARTICIPATING.
EXHIBIT A
RULE 22. APPLICATION FOR POST-CONVICTION COLLATERAL RELIEF
IN CRIMINAL CASES
(a) Filing of Applications. Applications for post-conviction collateral relief in criminal cases may be are governed by Miss. Code Ann. § 99-39-1, et seq. (Suppl. 1994) as supplemented and modified by and this Rule 22. If any application fails to comply substantially with the statute, the clerk of the Supreme Court shall give written notice of the default, appraising the party of the nature of the deficiency. If the deficiencies are not corrected within thirty days, the application may be dismissed. Successive applications for post-conviction relief which do not clearly demonstrate an exception to the successive writ bar of Miss. Code Ann. § 99-39-27(9) may subject the filer to sanctions.