Mississippi Court of Appeals

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The Mississippi Court of Appeals is the intermediate-level appellate court for the state of Mississippi. A creation of the Mississippi Legislature, the court began operations in 1995 for the purpose of relieving a backlog of cases before the Supreme Court of Mississippi.

Jurisdiction

The Mississippi Court of Appeals hears and decides appeals from the various trial courts of the state. The cases the court hears are assigned to it by the Supreme Court of Mississippi, and generally concern issues in which the law is already settled, but the facts are in dispute. Thus, contrary to federal procedure, Mississippi does not protect the common law right to a trial by jury, since it permits appellate review of facts found by a jury.^[1] The Supreme Court may review Court of Appeals decisions, but if the Supreme Court declines review, the decision of the Court of Appeals stands.

The court's ten judges are elected from five districts and serve eight-year terms. Non-partisan elections are staggered so that not all positions are up for election at one time. The districts coincided with Mississippi's congressional districts prior to Mississippi's losing one district in 2000. Some of the state's counties are divided between districts.^[2] However, the districts are not jurisdictional: appeals from all over the state go to the Supreme Court and may be deflected by it to the Court of Appeals.

Jim Herring, who served on the court from 1997 to 1999 under appointment of Governor Kirk Fordice, later became the state chairman of the Mississippi Republican Party.^[3]

Judges

As of May 2024, there are ten judges on the Mississippi Court of Appeals:^[4]

District	Position	Judge	Joined	Law school
1st	1	Jim M. Greenlee	January 20, 2016	Mississippi
1st	2	Donna M. Barnes, Chief Judge	July 26, 2004	Mississippi
2nd	1	Deborah McDonald	January 7, 2019	Mississippi
2nd	2	Latrice A. Westbrooks	January 3, 2017	Detroit
3rd	1	Jack L. Wilson, Presiding Judge	July 1, 2015	Harvard
3rd	2	John H. Emfinger	March 3, 2021	Mississippi College
4th	1	Virginia C. Carlton, Presiding Judge	January 2007	Mississippi
4th	2	David Neil McCarty	January 7, 2019	Mississippi College
5th	1	Anthony N. Lawrence III	January 7, 2019	Mississippi
5th	2	Joel Smith	January 19, 2021	Mississippi

References

^ Cf. U.S. Const. Amend. VII.
^ State of Mississippi Judiciary – Court of Appeals Judicial Map
^ "James H. Herring". hlclawfirm.com. Retrieved June 12, 2014.
^ State of Mississippi Judiciary – Court of Appeals Judges

External links

Homepage of the Mississippi Court of Appeals

v t e State intermediate appellate courts in the United States
Alabama Civil Criminal Alaska Arizona Arkansas California Colorado Connecticut Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maryland Massachusetts Michigan Minnesota Mississippi Missouri Nebraska Nevada New Jersey New Mexico New York North Carolina Ohio Oklahoma Oregon Pennsylvania Commonwealth Superior South Carolina Tennessee Civil Criminal Texas Utah Virginia Washington West Virginia Wisconsin
Delaware, the District of Columbia, Maine, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, Vermont, and Wyoming do not have intermediate appellate courts.

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