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Mississippi Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Mississippi on
Q: My Son is incarcerated under a name and social security number not belonging to him. Is the conviction legal?

My son was convicted and sentenced to life in prison under a name and social security number not belonging to him

Baskin Lowber Jones
Baskin Lowber Jones
answered on Mar 13, 2018

It depends. It may be worthwhile to have a local attorney review the case. Often local attorneys offer a free consultation.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Mississippi on
Q: Was talked. Into doing somethings. Didnt want to do it. Was convinced. Did time. Wamt it off record.

The person that set me up is now willing to tell the truth about how she set me up becouse her mother wanted me locked away. Was begged for over a half an hour. Told her didnt want to do it multiple times. Wouldnt stop begging. Finaly did it so i woild be left alone. Got me giving her $20 worth of... Read more »

Baskin Lowber Jones
Baskin Lowber Jones
answered on Mar 8, 2018

In some instances a felony or minor in possession charges can be expunged. Expungement removes “all records relating to an arrest, indictment, trial, and finding of guilt, in order to restore one to the status occupied prior thereto….” Stallworth v. State, 160 So. 3d 1161, 1163 (Miss. 2015).... Read more »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Mississippi on
Q: Can a Habeas Corpus be filed on a capital murder charge. Have already done a appeal.

Was hoping to get insight on whether a Habeas Corpus can be filed once the appeal is lost on a capital murder charge. It is in the state of Mississippi. Please help

Brian Lehman
Brian Lehman
answered on Feb 1, 2017

An habeas corpus position needs a law who specializes in it. With that said, here is a paper that gives an overview: http://www.fas.org/sgp/crs/misc/RL33391.pdf

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: During a criminal trial is it illegal to bring up testimony of a defendants previous aquitted trial by prosecution?

During a trial, prosecution alluded to testimony of a prior trial the defendant was aquitted of years before trying to taint the jury. Even in closing arguments. Isn't that a call for retrial?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

It depends upon the exact facts.

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: Lower Court over ruled by Appeals Court...

Lower Court ruling is over turned by Appeals Court. If MS Supreme Court doesn't hear case, will the Lower Court judge allow new testimony to be presented or will the judge only revise the ruling on the trial that was over ruled?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 8, 2015

You have given no facts about this. One needs to know what happened in the trial court as well as the appellate court in order to answer fully. You gave nothing about these matters.

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: Can you violate yourself on post release suspervison and then get a reconsideration after?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2015

No facts given means we can hardly even comment.

1 Answer | Asked in Appeals / Appellate Law for Mississippi on
Q: What happens when a trial transcript is needed but their isn't available..?

The court of appeals denied me due to me not providing them with a transcript from my first trial,, they felt they couldn't connect the gaps.. but on motion for rehearing they learn a transcript from my first trial doesn't exist due to the abrupt termination of my trial.. what happens then..?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 1, 2015

You must look to the rules of appellate procedure in your state.

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