reglab/housing_qa huggingface dataset:
MS Code § 99-35-9 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 1 - Appeals to Circuit Courts|§ 99-35-9. Papers to be transmitted to circuit court clerk

 The clerk of the justice court or municipal court from which judgment convicting of a criminal offense an appeal shall be taken shall at once transmit to the clerk of the circuit court the bond taken and a certified copy of the record of the case, with all the original papers in the case, as in appeals in civil cases. If an appeal be taken from a judgment convicting of a criminal offense, during a session of the circuit court of the county, the transcript and papers shall be returned to, and the case triable at that term of the court, and the bond shall bind the defendant accordingly, and the clerk of the circuit court shall docket the case on the state docket, and shall be entitled to like fees as in other cases. The judge setting the bond shall be liable for the amount of the bond, if he fails to require a good and sufficient one. The clerk of the justice court or municipal court shall make up the transcript of the record and transmit the same to the circuit clerk within ten (10) days after the appeal bond is given.
MS Code § 99-35-11 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 1 - Appeals to Circuit Courts|§ 99-35-11. Amendment of affidavit, pleading, or proceedings

 When an appeal is presented to the circuit court in any criminal case from the judgment or sentence of a justice of the peace or municipal court, it shall be permissible, on application of the state or party prosecuting, to amend the affidavit, pleading, or proceedings at any time before a verdict so as to bring the merits of the case fairly to trial on the charge intended to be set out in the original affidavit; the amendment to be made on such terms as the court may consider proper.
MS Code § 99-35-13 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 1 - Appeals to Circuit Courts|§ 99-35-13. Remittance of fines and forfeitures

 In the event there is an acquittal or the case is nolle prosequi, the order of the court shall direct that any fine or forfeiture paid in the lower court be remitted, and a certified copy of the said order shall be sufficient authority for the remittance of said fine or forfeiture by the board of supervisors in the event the case was appealed from a judgment of a justice of the peace, or by the governing authorities of a municipality in the event the case was appealed from a judgment of a mayor or police justice of a city, town or village.
MS Code § 99-35-101 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-101. Right of appeal

 Any person convicted of an offense in a circuit court may appeal to the Supreme Court. However, where the defendant enters a plea of guilty and is sentenced, then no appeal from the circuit court to the Supreme Court shall be allowed.
MS Code § 99-35-103 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-103. When state or municipality may appeal

 The state or any municipal corporation may prosecute an appeal from a judgment of the circuit court in a criminal cause in the following cases:   From a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime; but such appeals shall not bar or preclude another prosecution of the defendant for the same offense.   From a judgment actually acquitting the defendant where a question of law has been decided adversely to the state or municipality; but in such case the appeal shall not subject the defendant to further prosecution, nor shall the judgment of acquittal be reversed, but the Supreme Court shall nevertheless decide the question of law presented.   From a ruling adverse to the state or municipality in every case in which the defendant is convicted and prosecutes an appeal; and the case shall be treated as if a cross appeal had been formally presented by the state. All questions of law thus presented shall be decided by the Supreme Court.
MS Code § 99-35-105 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-105. Prepayment of costs; appeal without prepayment; reimbursement of successful appellants

 Appeals in criminal cases shall not stay the judgment or sentence appealed from unless the appellant shall prepay all of the costs in the lower court, including the cost of preparing the record of the proceedings in the trial court and the fee prescribed in Section 25-7-3, to the clerk of the lower court. If the appellant shall make affidavit that he is unable to prepay the costs, he shall have an appeal without prepayment of costs; and his appeal shall stay the judgment appealed from. It shall be the responsibility of the county in which the conviction was taken to timely prepay all costs when an indigent appellant makes an affidavit that he is unable to make such payments.   It shall be the duty and obligation of the county to reimburse a successful appellant in a criminal case for court costs, including the cost of preparing the record of the proceedings in the trial court.
MS Code § 99-35-107 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-107. Deposit for costs; security for jail fees

 A deposit with the clerk of the court from which an appeal is taken of a sum of money sufficient to cover the costs accrued, and to accrue, the amount of which to be determined by the judge, may be made by the appellant with the posting of his appearance bond, and shall serve to stay execution of sentence until the clerk shall compile the trial court costs and file the cost bill required in criminal cases; and any security for jail fees which the sheriff shall certify to the clerk to be satisfactory to him, shall be sufficient, and the sheriff shall not thereafter be entitled to look to the county for such jail fees.
MS Code § 99-35-109 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-109. Bail after conviction of misdemeanor

 In all cases of conviction of a misdemeanor, an appeal taken shall stay the judgment appealed from. The appellant, if sentenced to imprisonment for his offense, or to stand committed until his fine and costs shall be paid, may be relieved from such imprisonment or commitment, pending his appeal, by paying the trial court costs and giving bond, with sufficient resident sureties or one or more guaranty or surety companies authorized to do business in this state, to be approved by the clerk of the court from which the appeal is taken, payable to the state in the penalty of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), to be determined by such clerk, with reference to the grade of the offense, as indicated by the judgment, and the ability of the appellant to give bond, conditioned to surrender himself to the sheriff of the county to suffer the judgment or sentence, if it shall be affirmed by the supreme court, within one (1) week after the judgment of affirmance shall be certified to the circuit court, or to appear before the circuit court at the next term after a judgment of reversal in such case shall be certified to the circuit court, to answer the charge of the state, and so to continue until discharged.
MS Code § 99-35-111 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-111. Bail after conviction of misdemeanor; judge may fix amount of bond

 The circuit judge of the district or presiding on the trial, or a supreme judge, may, in any case, fix the amount of the bond to be given under Section 99-35-109, and the clerk shall act accordingly. Any such bail bond shall be filed by the clerk, and carefully preserved among the papers of the case.
MS Code § 99-35-113 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-113. Failure of appellant on bond to appear in misdemeanor cases

 If the judgment in a case of misdemeanor be affirmed, and the appellant shall not surrender himself to the proper sheriff, according to the condition of his bail-bond, or shall not appear before the circuit court as the case may require, said court shall proceed as in any other case of forfeited bail-bond. All proper process shall be issued to enforce the judgment of the supreme court in the case by the clerk of the circuit court.
MS Code § 99-35-115 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-115. Bail after conviction of felony; application for emergency hearing upon denial of bail

  A person convicted of felony child abuse, sexual battery of a minor or any offense in which a sentence of death or life imprisonment is imposed shall not be entitled to be released from imprisonment pending an appeal to the Supreme Court.     A person convicted of any felony, not enumerated in subsection (1), shall be entitled to be released from imprisonment on bail pending an appeal to the Supreme Court, within the discretion of a judicial officer, if the convict shows by clear and convincing evidence that release of the convict would not constitute a special danger to any other person or to the community, and that a condition or a combination of conditions may be placed on release that will reasonably assure the appearance of the convict as required, and only when the peculiar circumstances of the case render it proper.   If bail is denied, the judicial officer shall place the reasons for such denial of record in the case.   For the purposes of this section, "judicial officer" means the trial court or trial judge, a judge of the district in which the conviction occurred, the Supreme Court or a justice of the Supreme Court in vacation of the court.   The victim or family of a victim shall be entitled to submit a written statement objecting to the granting of release on bail pending appeal.
MS Code § 99-35-117 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-117. Bail after conviction of felony; judge to fix amount of bond; judge or sheriff may approve bond

 Where an order shall be made as provided in Section 99-35-115, the court or judge shall designate the amount of the bond to be given; and the clerk of the court where the conviction was had shall take bond of the appellant with resident sureties or one or more guaranty or surety companies authorized to do business in this state, to be approved by him, in the sum fixed by the order, payable to the state, and conditioned for the appearance of the party in the supreme court and circuit court to abide by and perform such sentence or judgment as may be rendered in the case; or the supreme court or circuit court, or any judge of either court making such order for bail, may take and approve the bond required to be given, or it may be taken by the sheriff in whose custody such prisoner may be, and shall be sent to the supreme court. All the provisions of this chapter on the subject of bail, as far as applicable, shall be applicable to bail for the appearance of any person before the supreme court.
MS Code § 99-35-119 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-119. Failure of appellant on bond to appear in felony cases

 If the appellant in a case of felony do not appear, according to the conditions of his bail-bond, before the supreme court to receive judgment, the court shall proceed as a circuit court is required to do in case of a failure of a party bound to appear in like cases, and may issue the proper process, and may render judgment, and enforce it by execution, and may issue process to any county for the arrest of the appellant, and have him brought before the court to receive judgment.
MS Code § 99-35-127 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-127. Sheriff of Hinds County to receive prisoners; fees

 The sheriff of Hinds County shall receive and safely keep, according to the order of the supreme court, all persons ordered into his custody. The sheriff shall be paid his fees therefor out of the treasury of the proper county, or out of the state appropriation for the judicial department, when certified by the supreme court.
MS Code § 99-35-129 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-129. Execution of sentence; counsel may prosecute appeal

 The sentence of the supreme court in all criminal cases brought before it shall be executed in like manner as if passed by the court in which the prosecution originated. It shall not be necessary to bring any person charged with a criminal offense before the supreme court; but his appeal may be prosecuted by counsel.
MS Code § 99-35-131 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-131. Appellant granted credit for time served in prison pending appeal

 In case of an affirmance by the supreme court of a judgment for imprisonment, if the appellant had remained in prison pending the appeal, the time of imprisonment shall be credited to him, but if he have been on bail, the supreme court shall fix the time for the commencement of his imprisonment, under the judgment of affirmance, so as to cause him to suffer the full time of imprisonment fixed by the judgment of the court below.
MS Code § 99-35-135 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-135. Remand and custody of prisoner on affirmance of sentence

 If the judgment be affirmed, on appeal, and the offense be punishable with death, the supreme court shall name the day of execution, and remand the prisoner to the proper county, if necessary; and the sheriff of the county where the prisoner shall have been convicted shall execute the sentence. If the sentence be for confinement in the penitentiary, and the defendant be not present, but in custody, the clerk of the supreme court shall forthwith notify the legal authorities of the penitentiary as in cases of conviction for penitentiary offenses in the circuit court, who shall send for the convict as provided in such cases.
MS Code § 99-35-137 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-137. Copy of death sentence to be delivered to sheriff

 It shall be the duty of the clerk of the court to which the mandate of the supreme court for the execution of a prisoner punishable by death is sent, forthwith to deliver to the sheriff of the proper county a copy of the sentence, under the seal of his office, which shall be the warrant of the sheriff for executing the convict.
MS Code § 99-35-139 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-139. Prisoner to be delivered to sheriff of proper county if new trial ordered

 If any person found guilty of a felony shall be in the penitentiary, and the judgment sentencing him shall be reversed and a new trial ordered, he shall be sent to the jail of the county in which he was tried by the legal authorities of the penitentiary, and delivered to the sheriff of the county.
MS Code § 99-35-141 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-141. Clerk to notify penitentiary of reversals

 The clerk of the supreme court shall, within five days after the reversal of a judgment sentencing any prisoner to the penitentiary, notify the legal authorities of the penitentiary of the reversal, unless it appear of record that the person so sentenced is not in his keeping.
MS Code § 99-35-143 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 3 - Appeals to Supreme Court and Related Procedures|§ 99-35-143. Errors which are not grounds for reversal

 A judgment in a criminal case shall not be reversed because the transcript of the record does not show a proper organization of the court below or of the grand jury, or where the court was held, or that the prisoner was present in court during the trial or any part of it, or that the court asked him if he had anything to say why judgment should not be pronounced against him upon the verdict, or because of any error or omission in the case in the court below, except where the errors or omissions are jurisdictional in their character, unless the record show that the errors complained of were made ground of special exception in that court. And no judgment in any case originating in a justice court, or in a municipal court, and appealed to the circuit court, shall be reversed because it may appear in the supreme court transcript that the judgment or record of the said justice or municipal court was not properly certified or was not certified at all, or was missing in whole or in part, unless the record further shows that objection on that account was made in the circuit court, in the absence of which objection in the circuit court there shall be a conclusive presumption that the defects in this clause mentioned did not exist in the circuit court proceedings. Provided however, that the foregoing clause shall not apply to cases wherein a record in the supreme court of the transcript from the justice or municipal court is necessary to a fair understanding of the proceedings in the circuit court.
MS Code § 99-39-1 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-1. Short title

 This article shall be known and may be cited as the "Mississippi Uniform Post-Conviction Collateral Relief Act."
MS Code § 99-39-3 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-3. Purpose

  The purpose of this article is to revise, streamline and clarify the rules and statutes pertaining to post-conviction collateral relief law and procedures, to resolve any conflicts therein and to provide the courts of this state with an exclusive and uniform procedure for the collateral review of convictions and sentences. Specifically, this article repeals the statutory writ of error coram nobis, supersedes Rule 8.07 of the Mississippi Uniform Criminal Rules of Circuit Court Practice and abolishes the common law writs relating to post-conviction collateral relief, including by way of illustration but not limitation, error coram nobis, error coram vobis, and post-conviction habeas corpus, as well as statutory post-conviction habeas corpus. The relief formerly accorded by such writs may be obtained by an appropriate motion under this article. The enactment of this article does not affect any pre-conviction remedies.   Direct appeal shall be the principal means of reviewing all criminal convictions and sentences, and the purpose of this article is to provide prisoners with a procedure, limited in nature, to review those objections, defenses, claims, questions, issues or errors which in practical reality could not be or should not have been raised at trial or on direct appeal.
MS Code § 99-39-7 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-7. Filing motion in trial court; filing motion to proceed in trial court with supreme court

 The motion under this article shall be filed as an original civil action in the trial court, except in cases in which the petitioner's conviction and sentence have been appealed to the Supreme Court of Mississippi and there affirmed or the appeal dismissed. Where the conviction and sentence have been affirmed on appeal or the appeal has been dismissed, the motion under this article shall not be filed in the trial court until the motion shall have first been presented to a quorum of the Justices of the Supreme Court of Mississippi, convened for said purpose either in termtime or in vacation, and an order granted allowing the filing of such motion in the trial court. The procedure governing applications to the Supreme Court for leave to file a motion under this article shall be as provided in Section 99-39-27.
MS Code § 99-39-13 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-13. Answer; affirmative defenses

 The answer shall respond to all of the allegations of the motion and shall assert such affirmative defenses as the state may deem appropriate.
MS Code § 99-39-15 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-15. Requests for discovery

  A party may invoke the processes of discovery available under the Mississippi Rules of Civil Procedure or elsewhere in the usages and principles of law if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise.   Requests for discovery shall be accomplished by a statement of the interrogatories or requests for admission and a list of the documents, if any, sought to be produced.
MS Code § 99-39-17 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-17. Expansion of record

  If the motion is not dismissed summarily, the judge may direct that the record be expanded by the parties by the inclusion of additional materials relevant to the determination of the merits of the motion.   The expanded record may include, without limitation, letters predating the filing of the motion in the court, documents, exhibits and answers under oath, if so directed, to written interrogatories propounded by the judge. Affidavits may be submitted and considered as a part of the record.   In any case in which an expanded record is directed, copies of the letters, documents, exhibits and affidavits proposed to be included shall be submitted to the party against whom they are to be offered, and he shall be afforded an opportunity to admit or deny their correctness.   The court may require the authentication of any material under subsection (1) or (2) of this section.
MS Code § 99-39-19 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 39 - Post-Conviction Proceedings|Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act|§ 99-39-19. Evidentiary hearing; summary judgment

  If the motion is not dismissed at a previous stage of the proceeding, the judge, after the answer is filed and discovery, if any, is completed, shall, upon a review of the record, determine whether an evidentiary hearing is required. If it appears that an evidentiary hearing is not required, the judge shall make such disposition of the motion as justice shall require.   The court may grant a motion by either party for summary judgment when it appears from the record that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.