reglab/housing_qa huggingface dataset:
MS Code § 99-39-21 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-21. Procedural waiver of objections, defenses, claims; collateral estoppel; res judicata; burden of proof

  Failure by a prisoner to raise objections, defenses, claims, questions, issues or errors either in fact or law which were capable of determination at trial and/or on direct appeal, regardless of whether such are based on the laws and the Constitution of the state of Mississippi or of the United States, shall constitute a waiver thereof and shall be procedurally barred, but the court may upon a showing of cause and actual prejudice grant relief from the waiver.   The litigation of a factual issue at trial and on direct appeal of a specific state or federal legal theory or theories shall constitute a waiver of all other state or federal legal theories which could have been raised under said factual issue; and any relief sought under this article upon said facts but upon different state or federal legal theories shall be procedurally barred absent a showing of cause and actual prejudice.   The doctrine of res judicata shall apply to all issues, both factual and legal, decided at trial and on direct appeal.   The term "cause" as used in this section shall be defined and limited to those cases where the legal foundation upon which the claim for relief is based could not have been discovered with reasonable diligence at the time of trial or direct appeal.   The term "actual prejudice" as used in this section shall be defined and limited to those errors which would have actually adversely affected the ultimate outcome of the conviction or sentence.   The burden is upon the prisoner to allege in his motion such facts as are necessary to demonstrate that his claims are not procedurally barred under this section.
MS Code § 99-39-25 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-25. Right to appeal; stay of judgment; bail on appeal

  A final judgment entered under this article may be reviewed by the supreme court of Mississippi on appeal brought either by the prisoner or the state on such terms and conditions as are provided for in criminal cases.   A perfection of appeal by the state shall act as a supersedeas and shall stay the judgment until there is a final adjudication by the supreme court.   When the appeal is brought by the state, the prisoner may be released on bail pending appeal under the terms and conditions provided for in Rule 7.02, Mississippi Uniform Criminal Rules of Circuit Court Practice.   When the appeal is brought by the prisoner, bail shall not be allowed.   The attorney general shall represent the state in all appeals under this article, whether the appeal is brought by the prisoner or by the state.
MS Code § 99-39-28 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-28. Supreme Court to establish rules for post-conviction proceedings in capital cases

 If application to proceed in the trial court is granted, post-conviction proceedings on cases where the death penalty has been imposed in the trial court and appeals from the trial court shall be conducted in accordance with rules established by the Supreme Court.
MS Code § 99-39-29 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-29. Stay of death penalty execution

 If the prisoner or prisoners shall be under sentence of death and the date fixed for the execution of the sentence shall arrive at a time when proceedings for post-conviction collateral relief are pending, either in the state or the federal courts, the Supreme Court of Mississippi shall have the authority to stay the execution upon a substantial showing of merit pending the determination of said proceeding. If, however, a stay has been entered either by a state or federal court and post-conviction collateral relief is denied, the Supreme Court of Mississippi shall forthwith fix a day, not more than thirty (30) days distant from the date of said denial or the vacating of any stay entered by any federal court, for the execution of the sentence, and a warrant shall forthwith issue accordingly.
MS Code § 99-39-101 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 3 - Mississippi Capital Post-Conviction Counsel Act|§ 99-39-101. Short title

 This article may be cited as the "Mississippi Capital Post-Conviction Counsel Act."
MS Code § 99-39-103 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 3 - Mississippi Capital Post-Conviction Counsel Act|§ 99-39-103. Office of Post-Conviction Counsel created; personnel; appointment to office; qualifications; removal

 There is created the Mississippi Office of Capital Post-Conviction Counsel. This office shall consist of a director who shall be an attorney who shall meet all qualifications necessary to serve as post-conviction counsel for persons under a sentence of death and staffed by any necessary personnel as determined and hired by the director. The director shall be appointed by the Governor with the advice and consent of the Senate for a term of four (4) years, or until a successor takes office. The remaining attorneys and other staff shall be appointed by the director of the office and shall serve at the will and pleasure of the director. The director and all other attorneys in the office shall either be active members of The Mississippi Bar, or, if a member in good standing of the bar of another jurisdiction, must apply to and secure admission to The Mississippi Bar within twelve (12) months of the commencement of the person's employment by the office. The director may be removed from office by the Governor upon finding that the director is not qualified under law to serve as post-conviction counsel for persons under sentences of death, has failed to perform the duties of the office or has acted beyond the scope of the authority granted by law for the office.
MS Code § 99-39-105 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 3 - Mississippi Capital Post-Conviction Counsel Act|§ 99-39-105. Purpose of office

 The Office of Capital Post-Conviction Counsel is created for the purpose of providing representation to indigent parties under sentences of death in post-conviction proceedings, and to perform such other duties as set forth by law.
MS Code § 99-39-107 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 3 - Mississippi Capital Post-Conviction Counsel Act|§ 99-39-107. Duties of office; attorneys appointed to office to be full time

 The Office of Capital Post-Conviction Counsel shall limit its activities to the representation of inmates under sentence of death in post-conviction proceedings and ancillary matters related directly to post-conviction review of their convictions and sentences and other activities explicitly authorized in statute. Representation by the office or by private counsel under appointment by the office will end upon the filing of proceeding for federal habeas corpus review or for appointment of counsel to represent the defendant in federal habeas corpus proceedings. However, the office may continue representation if the office or a staff attorney employed by the office shall be appointed by a federal court to represent the inmate in federal habeas corpus proceedings. In such event, the office or the employee attorney shall apply to the federal court for compensation and expenses and shall upon receipt of payments by the federal court pay all sums received over to the office for deposit in the Special Capital Post-Conviction Counsel Fund as provided in Section 99-39-117, from which all expenses for investigation and litigation shall be disbursed. Representation in post-conviction proceedings shall further include representation of the inmate from the exhaustion of all state and federal post-conviction litigation until execution of the sentence or an adjudication resulting in either a new trial or a vacation of the death sentence. The attorneys appointed to serve in the Office of Capital Post-Conviction Counsel shall devote their entire time to the duties of the office, shall not represent any persons in other litigation, civil or criminal, nor in any other way engage in the practice of law, and shall in no manner, directly or indirectly, participate in the trial of any person charged with capital murder or direct appeal of any person under sentence of death in the state, nor engage in lobbying activities for or against the death penalty. Any violation of this provision shall be grounds for termination from employment, in the case of the director, by the Governor, and in the case of other attorneys, by the director, with approval of the Chief Justice.
MS Code § 99-39-109 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 3 - Mississippi Capital Post-Conviction Counsel Act|§ 99-39-109. Compensation

 The director appointed under this article shall be compensated at no more than the maximum amount allowed by statute for a district attorney, and other attorneys in the office shall be compensated at no more than the maximum amount allowed by statute for an assistant district attorney.
MS Code § 99-39-111 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 3 - Mississippi Capital Post-Conviction Counsel Act|§ 99-39-111. Office hours of operation

 The Director of the Office of Post-Conviction Counsel shall keep the office open Monday through Friday for not less than eight (8) hours each day.
MS Code § 99-39-113 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 3 - Mississippi Capital Post-Conviction Counsel Act|§ 99-39-113. Powers and duties of director; requirement of surety bond

 In addition to the authority to represent persons under sentence of death in state post-conviction proceedings, the director is hereby empowered to pay and disburse salaries, employment benefits and charges relating to employment of staff and to establish their salaries, and expenses of the office; to incur and pay travel expenses of staff necessary for the performance of the duties of the office; to rent or lease on such terms as he may think proper such office space as is necessary in the City of Jackson to accommodate the staff; to solicit and accept monies, gifts, grants or services from any public or private sources for the purpose of funding, operating and executing the statutory duties of the office; to enter into and perform contracts, including but not limited to, contracts and agreements necessary to obtain and receive monies, gifts, grants or services from federal, public and private sources, and to purchase such necessary office supplies and equipment as may be needed for the proper administration of said offices; and to incur and pay such other expenses as are appropriate and customary to the operations of the office. The director shall be required to obtain a surety bond in the amount of not less than One Hundred Thousand Dollars ($100,000.00) payable to the state. The cost of such bond shall be paid out of funds appropriated for the operations of the office. All salaries and other expenditures shall be paid from funds appropriated for such purposes augmented by funds received as gifts and grants from public and private sources.
MS Code § 99-39-115 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 3 - Mississippi Capital Post-Conviction Counsel Act|§ 99-39-115. Director to keep a docket of all death penalty cases in Mississippi

 The director shall keep a docket of all death penalty cases originating in the courts of Mississippi, which must at all reasonable times be open to the inspection of the public and must show the county, district and court in which the causes have been instituted. The director shall prepare and maintain a roster of all death penalty cases originating in the courts of Mississippi and pending in state and federal courts indicating the current status of each such case, and a history of those death penalty cases filed since 1976. Copies of such dockets and rosters shall be submitted to the Governor, Chief Justice of the Supreme Court and the Administrative Office of Courts monthly. The director shall also report monthly to the Administrative Office of Courts the activities, receipts and expenditures of the office.
MS Code § 99-39-117 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 3 - Mississippi Capital Post-Conviction Counsel Act|§ 99-39-117. Conflict of interest; employment of qualified private counsel; payment of fees and expenses; Capital Post-Conviction Counsel Fund

  If at any time during the representation of two (2) or more defendants, the director determines that the interest of those persons are so adverse or hostile that they cannot all be represented by the director or his staff without conflict of interest, or if the director shall determine that the volume or number of representations shall so require, the director, in his sole discretion, not withstanding any statute or regulation to the contrary, shall be authorized to employ qualified private counsel. Fees and expenses, approved by order of the appropriate court, including investigative and expert witness expenses of such private counsel shall be paid from funds appropriated to the Capital Post-Conviction Counsel Fund for this purpose.   There is created in the State Treasury a special fund to be known as the Capital Post-Conviction Counsel Fund. The purpose of the fund shall be to provide funding for the Office of Capital Post-Conviction Counsel. Monies from the funds derived from assessments under Section 99-19-73 shall be distributed by the State Treasurer upon warrants issued by the Mississippi Office of Capital Post-Conviction Counsel. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:   Monies appropriated by the Legislature for the purposes of funding the Office of Capital Post-Conviction Counsel;   The interest accruing to the fund;   Monies received under the provisions of Section 99-19-73;   Monies received from the federal government;   Donations; and   Monies received from such other sources as may be provided by law.
MS Code § 99-39-119 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 3 - Mississippi Capital Post-Conviction Counsel Act|§ 99-39-119. Director authorized to solicit funds for purpose of funding and operating office

 The director is further authorized to solicit and accept monies, gifts, grants or services from any public or private source, for the purpose of funding, operating and executing the duties of the office.
MS Code § 23-15-11 (2020)
2020 Mississippi Code|Title 23 - Elections|Chapter 15 - Mississippi Election Code|Article 3 - Voter Registration|Qualification of Electors|§ 23-15-11. Qualifications, generally

 Every inhabitant of this state, except persons adjudicated to be non compos mentis, who is a citizen of the United States of America, eighteen (18) years old and upwards, who has resided in this state for thirty (30) days and for thirty (30) days in the county in which he or she seeks to vote, and for thirty (30) days in the incorporated municipality in which he or she seeks to vote, and who has been duly registered as an elector under Section 23-15-33, and who has never been convicted of vote fraud or of any crime listed in Section 241, Mississippi Constitution of 1890, shall be a qualified elector in and for the county, municipality and voting precinct of his or her residence, and shall be entitled to vote at any election upon compliance with Section 23-15-563. If the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered in the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. Any person who will be eighteen (18) years of age or older on or before the date of the general election and who is duly registered to vote not less than thirty (30) days before the primary election associated with the general election, may vote in the primary election even though the person has not reached his or her eighteenth birthday at the time that the person seeks to vote at the primary election. No others than those specified in this section shall be entitled, or shall be allowed, to vote at any election.
MS Code § 23-15-13 (2020)
2020 Mississippi Code|Title 23 - Elections|Chapter 15 - Mississippi Election Code|Article 3 - Voter Registration|Qualification of Electors|§ 23-15-13. Change of residency to new ward or voting precinct within same municipality

  An elector who moves from one (1) ward or voting precinct to another ward within the same municipality or voting precinct within the same county shall not be disqualified to vote, but he or she shall be entitled to have his or her registration transferred to his or her new ward or voting precinct upon making written request therefor at any time up to thirty (30) days before the election at which he or she offers to vote, and if the removal occurs within thirty (30) days of such election he or she shall be entitled to vote in his or her new ward or voting precinct by affidavit ballot as provided in Section 23-15-573. If the thirtieth day to transfer the elector's registration before an election falls on a Sunday or legal holiday, the transfer of the elector's registration submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered into the Statewide Elections Management System for the purpose of enabling voters to vote in the next election.   If an elector requests a change in his or her address under Section 23-15-49 and the address is located in a precinct in the county or municipality that differs from the precinct as reflected in the then current registration records, the request shall be treated in the same manner as a written request to transfer the elector's registration under subsection (1) of this section.
MS Code § 23-15-15 (2020)
2020 Mississippi Code|Title 23 - Elections|Chapter 15 - Mississippi Election Code|Article 3 - Voter Registration|Qualification of Electors|§ 23-15-15. Documentation required of naturalized citizens

 It shall be the duty of any person who has acquired citizenship by order or decree of naturalization and who is otherwise qualified to register and vote under the laws of the State of Mississippi to present or exhibit to the registrar of the county of his or her residence, at or before the time he or she may offer to register, a certified copy of the final order or decree of naturalization, or a certificate of naturalization or duplicate thereof, or a certified copy of such certificate of naturalization or duplicate; otherwise he or she shall not be allowed to register or to vote.
MS Code § 23-15-17 (2020)
2020 Mississippi Code|Title 23 - Elections|Chapter 15 - Mississippi Election Code|Article 3 - Voter Registration|Qualification of Electors|§ 23-15-17. Reporting and investigation of false registration

 Any person who has reasonable cause to suspect that a false registration as provided in Section 97-13-25 has occurred may notify any authorized law enforcement officer with proper jurisdiction. Upon such notification, law enforcement officer shall be required to conduct an investigation into the matter and file a report with the registrar and the appropriate district attorney. The registrar shall, within twenty-four (24) hours of receipt of the investigating officer's report, accept or reject the registration. Any person who so notifies an authorized law enforcement officer shall be presumed to be acting in good faith and shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
MS Code § 23-15-19 (2020)
2020 Mississippi Code|Title 23 - Elections|Chapter 15 - Mississippi Election Code|Article 3 - Voter Registration|Qualification of Electors|§ 23-15-19. Persons convicted of certain crimes not to be registered

 Any person who has been convicted of vote fraud or any crime listed in Section 241, Mississippi Constitution of 1890, such crimes defined as "disenfranchising," shall not be registered, or if registered the name of the person shall be removed from the Statewide Elections Management System by the registrar or the election commissioners of the county of his or her residence. Whenever any person shall be convicted in the circuit court of his or her county of a disenfranchising crime, the county registrar shall thereupon remove his or her name from the Statewide Elections Management System; and whenever any person shall be convicted of a disenfranchising crime in any other court of any county, the presiding judge of the court shall, on demand, certify the fact in writing to the registrar of the county in which the voter resides, who shall thereupon remove the name of the person from the Statewide Elections Management System and retain the certificate as a record of his or her office.
MS Code § 23-15-21 (2020)
2020 Mississippi Code|Title 23 - Elections|Chapter 15 - Mississippi Election Code|Article 3 - Voter Registration|Qualification of Electors|§ 23-15-21. Non-citizen not to register or vote

 It shall be unlawful for any person who is not a citizen of the United States or the State of Mississippi to register or to vote in any primary, special or general election in the state.
MS Code § 23-15-31 (2020)
2020 Mississippi Code|Title 23 - Elections|Chapter 15 - Mississippi Election Code|Article 3 - Voter Registration|Procedures for Registration|§ 23-15-31. Elections to which subarticle applicable; duty, power and authority of certain election officials

 All of the provisions of this subarticle shall be applicable, insofar as possible, to municipal, primary, general and special elections; and wherever therein any duty is imposed or any power or authority is conferred upon the county registrar, county election commissioners or county executive committee with reference to a state and county election, such duty shall likewise be conferred upon the municipal registrar, municipal election commission or municipal executive committee with reference to any municipal election.
MS Code § 23-15-33 (2020)
2020 Mississippi Code|Title 23 - Elections|Chapter 15 - Mississippi Election Code|Article 3 - Voter Registration|Procedures for Registration|§ 23-15-33. Registrar to register voters

  Every person entitled to be registered as an elector in compliance with the laws of this state and who has signed his or her name on and properly completed the application for registration to vote shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.   Every person entitled to be registered as an elector in compliance with the laws of this state and who registers to vote pursuant to the National Voter Registration Act of 1993 shall be registered by the county registrar in the voting precinct of the residence of such person through the Statewide Elections Management System.