Mississippi Code
Miss. Code Ann. § 99-39-13 (2026)
Answer; affirmative defenses
✓ current as of July 2026
The answer shall respond to all of the allegations of the motion and shall assert such affirmative defenses as the state may deem appropriate.
Laws, 1984, ch. 378, § 7, eff. 4/17/1984.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1992–2022 · leading case: Alexander v. State, 605 So. 2d 1170 (Miss. 1992).
Alexander v. State, 605 So. 2d 1170 (Miss. 1992). “We reverse and remand for an evidentiary hearing pursuant to Miss. Code Ann. § 99-39-13 thru § 99-39-23 (Supp.”
Washington v. State, 620 So. 2d 966 (Miss. 1993). “CONCLUSION Washington is entitled to an evidentiary hearing pursuant to Miss. Code Ann. §§ 99-39-13 through 99-39-23 (Supp.”
Simpson v. State, 678 So. 2d 712 (Miss. 1996). “Miss. Code Ann. § 99-39-13 (1972) states that: The answer shall respond to all of the allegations of the motion and shall assert affirmative defenses as the state may deem appropriate.”
Holt v. State, 650 So. 2d 1267 (Miss. 1994). “Miss. Code Ann. § 99-39-13 (Supp. 1993) requires that the State's answer "respond to all the allegations of the motion and shall assert such affirmative defenses as the state may deem appropriate.”
Bell v. State, 754 So. 2d 492 (Miss. Ct. App. 1999). “Bell argues the circuit judge erroneously denied his post-conviction relief without affording Bell an evidentiary hearing pursuant to Miss.Code Ann. §§ 99-39-13 *495 through 99-39-23 (Rev.”
Myers v. State, 767 So. 2d 1058 (Miss. Ct. App. 2000). “As to Myers's contention that he was not given an evidentiary hearing on this issue pursuant to Miss.Code Ann. §§ 99-39-13 through 99-39-23, we find that there was no error on the part of the trial judge in denying such hearing.”
Washington v. State, 620 So. 2d 966 (Miss. 1993). “CONCLUSION Washington is entitled to an evidentiary hearing pursuant to Miss.Code Ann. §§ 99-39-13 through 90-39-23 (Supp.”
Michael Porras a/k/a Michael D. Porras v. State of Mississippi, No. 2021-CP-00052-COA (Miss. Ct. App. Apr. 19, 2022). “” Miss. Code Ann. § 99-39-13 (Rev. 2020) (emphasis added).”
Henry Lee Simpson v. State of Mississippi, No. 93-KP-00220-SCT (Miss. Jan. 28, 1993). “Miss. Code Ann. § 99-39-13 (1972) states that: The answer shall respond to all of the allegations of the motion and shall assert affirmative defenses as the state may deem appropriate.”
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