Mississippi Code

Miss. Code Ann. § 9-4-1 (2026)

Establishment of Court of Appeals

✓ current as of July 2026

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(1) There is hereby established a court to be known as the "Court of Appeals of the State of Mississippi," which shall be a court of record.

(2) The Court of Appeals shall be comprised of ten (10) appellate judges, two (2) from each Court of Appeals District, selected in accordance with Section 9-4-5.

Laws, 1993, ch. 518, § 1; Laws, 1994, ch 564, § 97; Laws, 2001, ch. 574, § 1, eff. 7/30/2001 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).

Notes of Decisions

Cited in 8 cases, 1992–2020 · leading case: Marshall v. State, 662 So. 2d 566 (Miss. 1995).

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Marshall v. State, 662 So. 2d 566 (Miss. 1995). · cites it 22× “Marshall and Michael Angelo Patton, considering Miss. Code Ann. §§ 9-4-1 to -17 (Supp. 1994), challenging the constitutionality of the Court of Appeals of the State of Mississippi as enacted by the Legislature during the regular 1994 session.”

Bryant v. Westbrooks, 99 So. 3d 128 (Miss. 2012). · cites it 13× “Miss.Code Ann. § 9-4-1 (Rev.2002) (emphasis added).”

Cohen v. State, 732 So. 2d 867 (Miss. 1998). · cites it 2× “This Court holds that Miss.Code Ann. §§ 9-4-1 to -17 (Supp.1994) are constitutional.”

Wiltcher v. State, 785 So. 2d 1083 (Miss. Ct. App. 2001). · cites it 4× “564, § 97, codified as Miss. Code Ann. § 9-4-1 (Supp.2000). All appeals continue to be filed with the Supreme Court, but the Court of Appeals is granted the “power to dispose of any appeal or other proceeding assigned to it by the Supreme Court.”

In Re: Mississippi Rules of Appellate Procedure (Miss. 2020). · cites it 2× “The Mississippi Rules of Appellate Procedure, effective January 1, 1995, are based on the Mississippi Supreme Court Rules and were adopted to include procedure in the Court of Appeals of the State of Mississippi pursuant to Miss. Code Ann. §9-4-1 et seq. (Supp. 1994).”

Harris v. State, 704 So. 2d 1286 (Miss. 1997). · cites it 2× “Harden v. State, 460 So.2d 1194, 1200 (Miss.”

Leo Harris v. State of Mississippi (Miss. 1992). · cites it 2× “Miss. Code Ann. §§ 9-4-1 to 17 (Supp 1996).”

Keith Dewayne Cohen v. State of Mississippi (Miss. 1995). · cites it 2× “This Court holds that Miss. Code Ann. §§ 9-4-1 to -17 (Supp.1994) are constitutional.”

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