Wells was convicted of deliberate-design murder and sentenced to life imprisonment. Wells's conviction was affirmed by this Court in Wells v. State, 73 So.3d 1203, 1204 (¶ 1) (Miss.Ct.App.2011). Three other men were questioned about Michael's murder: Hye, Tevin Benjamin, and Alonzo Kelly.
Ultimately, Michael died from his injuries. Wells v. State , 73 So. 3d 1203, 1204-05 (¶2) (Miss. Ct. App. 2011) (footnote omitted). Wells was indicted for capital murder.
Even so, we may suspend Rules 2 and 4 of the Mississippi Rules of Appellate Procedure to allow an out-of-time appeal in a criminal case. See Wells v. State , 73 So.3d 1203, 1207 (¶ 8) (Miss. Ct. App. 2011). As reflected by its grant of Herrington's appeal and request for in forma pauperis status, the circuit court found Herrington's appeal to be timely.
As for a motion for a JNOV, our supreme court has held "that a motion for a JNOV, as it relates to a criminal case, is untimely where filed beyond the ten-day limit for a motion for a new trial and beyond the term of the court." Well v. State , 73 So.3d 1203, 1206 (¶ 5) (Miss. Ct. App. 2011) (quoting McGraw v. State , 688 So.2d 764, 770 (Miss. 1997) ).
¶2. “[Uniform Rule of Circuit and County Court] 10.05 requires that a motion for new trial must be made within ten days of the judgment, and in the case of a motion for JNOV, the motion must be made either within the ten days or by the end of the term of court.” Wells v. State , 73 So.3d 1203, 1206 (¶ 7) (Miss.Ct.App.2011) (quoting Ross v. State , 16 So.3d 47, 53 (¶ 7) (Miss.Ct.App.2009) ). Allen's judgment of conviction was filed on March 3, 2015. So to be timely, Allen's motion for a new trial would have to have been filed within ten days of that date. SeeConwill v. State , 168 So.3d 1080, 1084 (¶ 19) (Miss.Ct.App.2013).
“[Uniform Rule of Circuit and County Court] 10.05 requires that a motion for a new trial must be made within ten days of the judgment, and in the case of a motion for JNOV, the motion must be made either within the ten days or by the end of the term of court.” Wells v. State, 73 So.3d 1203, 1206 (¶ 7) (Miss.Ct.App.2011) (quoting Ross v. State, 16 So.3d 47, 53 (¶ 7) (Miss.Ct.App.2009) ). White's judgment of conviction was entered on November 19, 2014.
See McGraw v. State, 688 So.2d 764, 769 n. 1 (Miss.1997) (citing URCCC 10.05 ); Brewer v. State, 176 So.3d 177, 177 n. 1 (Miss.Ct.App.2015) ; Wells v. State, 73 So.3d 1203, 1206 (¶ 5) (Miss.Ct.App.2011).--------
Wells was convicted of deliberate-design murder and sentenced to life imprisonment. Wells's conviction was affirmed by this Court in Wells v. State, 73 So.3d 1203, 1204 (¶ 1) (Miss.Ct.App.2011). Three other men were questioned about Michael's murder: Hye, Tevin Benjamin, and Alonzo Kelly.