Asked in Criminal Law and Appeals / Appellate Law for Mississippi

Q: If my indictment is not marked "filed", nor signed or dated by the clerk, can the judge still convict me?

Ashwell v. State, 226 So.3d 69 (Miss.2017) made it clear that if my indictment is not filed then the judge don't have jurisdiction nor the authority to accept my guilty plea because the court failed to charge me with a crime. Why did the Miss. Supreme Court deny my writ of certiorari after first granting Ashwell writ on the same ground?

1 Lawyer Answer
Arthur Calderon
Arthur Calderon
  • Criminal Law Lawyer
  • Madison, MS
  • Licensed in Mississippi

A: It really depends on the circumstances. Even though your indictment may not be marked as filed, the test to determine whether the court has jurisdiction is to see if there was ever an indictment legitimately filed in the circuit court.

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