CRIMINAL APPEAL BRIEF

IN THE [SUPREME COURT / COURT OF APPEALS] OF THE STATE OF MISSISSIPPI

Case No. [________]-KA-[________]-COA [/ -SCT]

[DEFENDANT FULL NAME],

Appellant,

v.

STATE OF MISSISSIPPI,

Appellee.

ON APPEAL FROM THE CIRCUIT COURT OF [________________] COUNTY, MISSISSIPPI
CAUSE NO. [________________]
HONORABLE [JUDGE NAME], PRESIDING

BRIEF OF [APPELLANT / APPELLEE]

Submitted by:

[ATTORNEY NAME], MSB No. [________]
[FIRM NAME]
[ADDRESS]
[CITY], Mississippi [ZIP]
Telephone: [________________]
Email: [________________]

Attorney for [APPELLANT / APPELLEE]

TABLE OF CONTENTS

TABLE OF AUTHORITIES

Cases

Statutes

Rules

STATEMENT OF ISSUES

Issue 1: [________________________________]

Issue 2: [________________________________]

Issue 3: [________________________________]

STATEMENT OF THE CASE

On [DATE], [DEFENDANT NAME] was indicted by the [COUNTY] County Grand Jury for [OFFENSE(S)] in violation of Miss. Code Ann. § [SECTION]. (C.P. [__])

The defendant entered a plea of [not guilty / guilty] on [DATE]. (R. [__])

Trial was held on [DATE(S)] before [a jury / the court]. (R. [__])

On [DATE], the [jury returned a verdict of / court found] [guilty / not guilty]. (R. [__])

On [DATE], the trial court sentenced the defendant to [SENTENCE] in the custody of the Mississippi Department of Corrections. (C.P. [__])

A notice of appeal was timely filed on [DATE]. (C.P. [__])

STATEMENT OF FACTS

[________________________________]

SUMMARY OF ARGUMENT

[________________________________]

ARGUMENT

I. [ISSUE HEADING]

Standard of Review

[________________________________]

Argument

[________________________________]

II. [ISSUE HEADING]

Standard of Review

[________________________________]

Argument

[________________________________]

III. [ISSUE HEADING]

Standard of Review

[________________________________]

Argument

[________________________________]

CONCLUSION

WHEREFORE, the Appellant respectfully requests that this Honorable Court:

☐ Reverse and render a judgment of acquittal

☐ Reverse and remand for a new trial

☐ Vacate the sentence and remand for resentencing

☐ [Other specific relief: ________________________________]

Respectfully submitted,

___________________________________________
[ATTORNEY NAME], MSB No. [________]
[FIRM NAME]
[ADDRESS]
[CITY], Mississippi [ZIP]
Telephone: [________________]
Email: [________________]

Attorney for [APPELLANT / APPELLEE]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I, [ATTORNEY NAME], hereby certify that I have this day caused to be [electronically filed / mailed] a true and correct copy of the above and foregoing Brief of [Appellant / Appellee] to the following:

[OPPOSING COUNSEL NAME]
[OFFICE / FIRM]
[ADDRESS]
[CITY], Mississippi [ZIP]

This the [__] day of [MONTH], [YEAR].

___________________________________________
[ATTORNEY NAME]

CERTIFICATE OF FILING

I, [ATTORNEY NAME], hereby certify that I have this day filed the foregoing document by [electronic filing through the Mississippi Electronic Courts (MEC) system / delivering to the Office of the Clerk]:

Clerk of the [Supreme Court / Court of Appeals]
P.O. Box 249
Jackson, Mississippi 39205

This the [__] day of [MONTH], [YEAR].

___________________________________________
[ATTORNEY NAME]

MISSISSIPPI-SPECIFIC NOTES

• Appellate Courts: The Supreme Court has authority to assign criminal cases to the Court of Appeals. Death penalty cases remain in the Supreme Court. Miss. Const. art. 6, § 146.
• Time to Appeal: Notice of appeal within 30 days of judgment/sentence. Miss. R. App. P. 4(a).
• Indigent Appeals: Indigent appellants are represented by the Indigent Appeals Division of the Office of the State Public Defender. Miss. R. App. P. 6(b).
• Electronic Filing: Mandatory since January 1, 2014, except for sealed/confidential cases and pro se litigants.
• Record Excerpts: Must file original + 3 copies of record excerpts.
• Preservation: Contemporaneous objection required. Miss. R. Evid. 103; procedural bar doctrine applies. Issues not raised at trial are barred absent plain error. Smith v. State, 986 So.2d 290 (Miss. 2008).
• Briefing Deadlines: Appellant's brief due 50 days after service of record; appellee's brief due 30 days after appellant's brief.