Criminal Appeals from Municipal or Justice Courts in Mississippi

The Mississippi Court of Appeals recently addressed a common misconception regarding the unique appeals process of criminal misdemeanor cases in Mississippi. On December 8, 2015, the Court of Appeals handed down its Opinion in the case of Parks v. State, No. 2014-KM-01675-COA.

Cornelius Parks was convicted of a misdemeanor in Kemper County Justice Court.  He attempted to appeal his conviction to the Circuit Court of Kemper County, but the circuit court dismissed his appeal.  Why?  Well, the circuit court found that it did not have jurisdiction to hear the appeal, because it found Mr. Parks failed to perfect his appeal in that he failed to obtain both types of bonds required under the applicable rules.  The Court of Appeals reversed the circuit court, but remanded for further findings.  While the ultimate outcome of that case is yet to be determined, the opinion addresses an issue that comes up a lot in misdemeanor cases in Mississippi:   the difference in an "appearance bond" and a "cost bond."  

Uniform Circuit and County Court Rule 12.02 ("URCCC 12.02") governs appeals of misdemeanor cases from justice or municipal courts in Mississippi.  This Rule requires the person appealing (the "appellant") to file simultaneously "a written notice of appeal, and both a cost bond and an appearance bond (or cash deposit)" within 30 days of the lower court's judgment.

Litigants (and sometimes attorneys) often confuse the difference between a "cost bond" and an "appearance bond," although the difference between the two is very important.  An appearance bond is conditioned upon the appellant's appearance before the court, and if the appellant fails to appear at any time required by the court, the court can dismiss the appeal, and the appearance bond is then forfeited.  A "cost bond" must be posted to cover "all estimated court costs, incurred in both the appellate and lower courts (including, but not limited to fees, court costs, and amounts imposed pursuant to statute)."

Persons accused of misdemeanors in Mississippi who are convicted in either justice court or municipal court should know that they can appeal their conviction from either of those courts to the circuit court of that particular county (or the county court depending on the county).  However, the notice of appeal and both the appearance bond and cost bond must be filed with the circuit clerk within 30 days of the date of conviction in either the justice court or municipal court.  If the appellant perfects his/her appeal within this 30 day period, he/she will get a "trial de novo," which means he/she is entitled to a brand new trial.

This is a unique situation in Mississippi courts as it is different in Florida, where I began my legal career.  A link to the Court of Appeals opinion in Parks v. State may be found here.

Christopher Smith, Esq.
Smith & Holder, PLLC
228-206-7076 (Telephone)
chris@smithholder.com (email)
http://www.smithholder.com
    

Preliminary Hearings Held in Case Involving Murder-for-Hire Plot in Stone County

A preliminary hearing was held on Wednesday, April 1, 2015 in the Stone County Justice Court in the case involving a murder-for-hire plot resulting in the death of a Stone County businessman.  Captain Ray Boggs of the Stone County Sheriff's Office testified that one of the co-defendants, Evelyn Garrison, planned for weeks to have her husband killed.  Boggs went on to testify that Garrison contacted Emmett Entrekin, a friend of hers, to assist in the plot.  Testimony from Boggs also revealed that Entrekin "hired" his relative, Jody Parks, to carry out the killing.  Parks was to be paid $15,000.00 for the killing of Evelyn Garrison's husband, Timothy "Timmy" Garrison. 

 

Evelyn Garrison and Entrekin are presently jailed, each on a charge of conspiracy to commit murder.  Each of their current bail amounts are $1,000,000.00.  Parks is being held without bail on a charge of capital murder.  It is alleged that Parks carried out the murder of Timmy Garrison by beating him with a baseball bat and stabbing him multiple times with a knife.  A person charged with capital murder may be held without bail/bond in Mississippi as well as in most states.

 

Stone County Justice Court Judge Ricky Farmer found enough probable cause to bind Entrekin and Parks' case over to the grand jury.  Evelyn Garrison waived her preliminary hearing, so her case was bound over to the grand jury as well.     

 

In Mississippi, a person who is jailed on charges prior to the person's case being presented to a grand jury for indictment is entitled to a preliminary hearing to determine whether there is probable cause to bind the person's case over to the grand jury.  A person who is out on bond after an arrest is usually not entitled to a preliminary hearing.  Preliminary hearings on felony charges are held in the Justice Court of the county in which the trial, if any, will be held.  Often, is a person is unable to bond out of jail, that person can waive their preliminary hearing in exchange for the prosecutor agreeing to request that the Justice Court judge reduce the person's bond. 

 

Probable cause to bind a case over to a grand jury is a much lower standard than that which is required to convict a person at trial.  In a criminal case, the prosecution must prove the charge beyond a reasonable doubt, which is the highest burden of proof in American law. 

 

If a person is indicted for a felony offense, then the person's case would be handled in the Circuit Court of the particular county.  The Circuit Court is the court with "jurisdiction" over all felony cases.  The county in which the Circuit Court sits is considered to be the "venue" where the case will be handled.

 

Shout out to Margaret Baker with the Sun Herald for her article about this case.  It will be interesting to see how this case develops over the next year, especially given the testimony of Boggs that Entrekin and Evelyn Garrison have admitted their roles in the alleged plot.