Bill Text: MS HB1014 | 2011 | Regular Session | Engrossed
Bill Title: Justice court; appeal from must indicate plea of nolo contendere in notice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-03-01 - Died In Committee [HB1014 Detail]
Download: Mississippi-2011-HB1014-Engrossed.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary B
By: Representative DuVall
House Bill 1014
(As Passed the House)
AN ACT TO AMEND SECTION 11-51-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT APPEALS FROM JUSTICE COURT SHALL INDICATE A PLEA OF NOLO CONTENDERE IN THE NOTICE OF APPEAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-51-81, Mississippi Code of 1972, is amended as follows:
11-51-81. All appeals from justice court, special and general, and from all municipal courts shall be to the county court under the same rules and regulations as are provided on appeals to the circuit court, but appeals from orders of the board of supervisors, municipal boards, and other tribunals other than from justice court and municipal courts, shall be direct to the circuit court as heretofore. If the appeal involves a plea of nolo contendere, the notice of the appeal shall indicate such plea. And from the final judgment of the county court in a case appealed to it under this section, a further appeal may be taken to the circuit court on the same terms and in the same manner as other appeals from the county court to the circuit court are taken: Provided that where the judgment or record of the justice * * *, municipal or police court is not properly certified, or is not certified at all, that question must be raised in the county court in the absence of which the defect shall be deemed as waived and by such waiver cured and may not thereafter be raised for the first time in the circuit court on the appeal thereto; and provided further, that there shall be no appeal from the circuit court to the Supreme Court of any case civil or criminal which originated in a justice * * *, municipal or police court and was thence appealed to the county court and thence to the circuit court unless in the determination of the case a constitutional question be necessarily involved and then only upon the allowance of the appeal by the circuit judge or by a judge of the Supreme Court.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
