Mississippi Court of Appeals Decisions of September 24, 2024

The Mississippi Court of Appeals handed down four opinions today. Three are PCR cases and the other is a direct criminal appeal.

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Walker v. State, 2023-CP-00787-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court properly dismissed the motion for failure to first seek relief through MDOC’s ARP regarding the calculation of a sentence.
(9-0)

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Farris v. State, 2023-CP-00845-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the trial court did not err with regarding to sentence enhancements and that there was no prejudice in the trial court no recusing sua sponte such that there was a reversible abuse of discretion.
(9-0)

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Ward v. State, 2023-CA-00378-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the motion was time barred by the UPCCRA.
(7-1-0: Westbrooks concurred in result only without writing; Emfinger did not participate.)

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Simmons v. State, 2023-KA-00518-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in the self-defense instructions given and that there was sufficient evidence to sustain the conviction.
(9-0)

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Other Orders

• Course v. State, 2022-KA-00760-COA (denying rehearing)
• Holt v. State, 2023-KM-00121-COA (denying motion to correct the court’s prior opinion)
• Hamer v. State, 2023-CP-00701-COA (denying rehearing)

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Hand Down Page

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I had a hearing in Copiah County Circuit Court yesterday and that was my first time in the courthouse in Hazlehurst. It is a beautiful, three-story building with a central rotunda and a dome that is visible from the ground floor. I did not get a good picture of the courtroom, but it is circular with gallery seating wrapped-around on the ground floor and on a second-floor balcony. A great, small-town Mississippi courthouse!