Mississippi Code

Miss. Code Ann. § 99-35-101 (2026)

Right of appeal

✓ current as of July 2026
Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

Any person convicted of an offense in a circuit court may appeal to the Supreme Court. However, where the defendant enters a plea of guilty and is sentenced, then no appeal from the circuit court to the Supreme Court shall be allowed.

Codes, Hutchinson's 1848, ch. 63, art. 7(1); 1857, ch. 64, arts. 306, 307; 1871, § 2841; 1880, § 2314; 1892, § 36; Laws, 1906, § 37; Hemingway's 1917, § 12; Laws, 1930, § 16; Laws, 1942, § 1150; Laws, 1914, ch. 151; Laws, 2008, ch. 457, § 1, eff. 7/1/2008.


Notes of Decisions
Cited in 120 cases (25 in the last 5 years), 1977–2026 · leading case: Betterman v. Montana, 578 U.S. 437 (2016).
Betterman v. Montana, 578 U.S. 437 (2016). “1989), superseded by statute on other grounds, Miss.Code Ann. § 99-35-101 (2008) ; Commonwealth v.”
Beckwith v. State, 615 So. 2d 1134 (Miss. 1992). · cites it 4× “The right to appeal to this Court in a criminal case was not a common law right, but "strictly a statutory right," and an appeal had to be perfected within the terms of the applicable appeal statute.”
State Ex Rel. Franklin v. Mcbride, 701 S.E.2d 97 (W. Va. 2009). “02 (West 2006); Miss.Code § 99-35-101 (Supp. West 2008); Mont.”
Burrough v. State, 9 So. 3d 368 (Miss. 2009). “He argues the trial judge committed fundamental error when he failed to advise Burrough of this avenue of review. We disagree.”
Graham v. State, 85 So. 3d 847 (Miss. 2012). · cites it 2× “See Miss.Code Ann. § 99-35-101 (Rev. 2007). Currently, Mississippi Code Section 99-35-101 reads: "[a]ny person convicted of an offense in circuit court may appeal to the Supreme Court.”
Loden v. State, 971 So. 2d 548 (Miss. 2007). “See Miss.Code Ann. § 99-35-101 (Rev.2007). Loden asserts the following are sentence-related issues, proper for direct appeal: [14] (1) Whether Loden was improperly denied funds to retain the assistance of a *562 forensic social worker to investigate and present relevant…”
Phillips v. Donnelly, 216 F.3d 508 (5th Cir. 2000). “Under Miss.Code Ann. § 99-35-101, a criminal defendant who pleads guilty has *510 no right to appeal his conviction.”
Berry v. State, 722 So. 2d 706 (Miss. 1998). · cites it 2× “After ordering a presentence report, the trial court sentenced Berry on April 17, 1997, to serve a term of five years in the custody of the Mississippi Department of Corrections for the crime of robbery. STATEMENT OF THE LAW ¶ 5.”
Wrenn v. State, 121 So. 3d 913 (Miss. 2013). · cites it 2× “Miss.Code Ann. § 99-35-101 (Rev.2007). See Berry v.”
Bennett v. State, 865 So. 2d 1158 (Miss. 2004). · cites it 3× “Miss.Code Ann. § 99-35-101 (Rev.2000) prohibits persons who have pled guilty to a crime from filing direct appeals to this Court.”
Trotter v. State, 554 So. 2d 313 (Miss. 1989). “The State cites Miss. Code Ann. § 99-35-101 (1972), which states: Any person convicted of an offense in a circuit court may appeal to the supreme court, provided, however, an appeal from the circuit court to the supreme court shall not be allowed in any case where the defendant…”
Fluker v. State, 17 So. 3d 181 (Miss. Ct. App. 2009). “" Miss.Code Ann. § 99-35-101 (Supp.2008).”
Miss. Code Ann. § 99-35-101(2006): 1 case
Burrough v. State, 9 So. 3d 368 (Miss. 2009). “He argues the trial judge committed fundamental error when he failed to advise Burrough of this avenue of review. We disagree.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.