Mississippi Code
Miss. Code Ann. § 99-39-25 (2026)
Right to appeal; stay of judgment; bail on appeal
✓ current as of July 2026
- (1) A final judgment entered under this article may be reviewed by the supreme court of Mississippi on appeal brought either by the prisoner or the state on such terms and conditions as are provided for in criminal cases.
- (2) A perfection of appeal by the state shall act as a supersedeas and shall stay the judgment until there is a final adjudication by the supreme court.
- (3) When the appeal is brought by the state, the prisoner may be released on bail pending appeal under the terms and conditions provided for in Rule 7.02, Mississippi Uniform Criminal Rules of Circuit Court Practice.
- (4) When the appeal is brought by the prisoner, bail shall not be allowed.
- (5) The attorney general shall represent the state in all appeals under this article, whether the appeal is brought by the prisoner or by the state.
Laws, 1984, ch. 378, § 13, eff. 4/17/1984.
Notes of Decisions
Cited in 26
cases (3 in the last 5 years), 1990–2026 · leading case: Jackson v. State, 67 So. 3d 725 (Miss. 2011).
Jackson v. State, 67 So. 3d 725 (Miss. 2011). “Miss.Code Ann. § 99-39-25 (Rev.2007); 8 Martin, 556 So.”
Lori Griffin v. State of Mississippi, 269 So. 3d 337 (Miss. Ct. App. 2018). “2 See Miss. Code Ann. § 99-39-25 (1) (Rev. 2015) (“A final judgment entered under [the Uniform Post-Conviction Collateral Relief Act] may be reviewed by the supreme court of Mississippi on appeal brought either by the prisoner or the state on such terms and conditions as are…”
Williams v. State, 4 So. 3d 388 (Miss. Ct. App. 2009). “Miss.Code Ann. § 99-39-25(1) (Rev.2007). Because Williams’s motion to alter or amend the trial court’s judgment is missing from the record and it, thus, appears that Williams, through no fault of his own, was not able to timely perfect his appeal, we address Williams’s issues on…”
Watts v. State, 981 So. 2d 1034 (Miss. Ct. App. 2008). “" Watts argues that he is entitled to appointed counsel because an appeal from the denial of a PCR is not a post-conviction proceeding. Contrary to Watts's argument, an appeal from a final judgment denying post-conviction relief is provided for by the Mississippi Uniform…”
Benbow v. State, 614 So. 2d 398 (Miss. 1993). “Rules 2(c) and 4(g), read in conjunction with Miss. Code Ann. 99-39-25(1) (Supp. 1991) provides this Court with authority to suspend the rule in post-conviction relief appeals, as in any other criminal appeal, and to allow an appeal to proceed despite apparently untimely notice.”
Andrews v. State, 932 So. 2d 61 (Miss. Ct. App. 2006). “See Miss.Code Ann. § 99-39-25(1) (Rev.2000); Williams v.”
Bessent v. Clark, 974 So. 2d 928 (Miss. Ct. App. 2007). “" Miss. Code Ann. § 99-39-25 (1) (Rev. 2000).”
Martin v. State, 556 So. 2d 357 (Miss. 1990). “If dissatisfied with the ruling of that court, then, and then only, he may appeal that ruling to this Court pursuant to Miss. Code Ann. § 99-39-25 (Supp. 1989). Finally, the temporary stay of execution previously entered by this Court in this cause is hereby dissolved, and the…”
Jackson v. State, 811 So. 2d 340 (Miss. Ct. App. 2001). “Miss.Code Ann. § 99-39-25(1) (Rev.2000); M.”
Harris v. State, 826 So. 2d 765 (Miss. Ct. App. 2002). “Miss.Code Ann. § 99-39-25(1) (Supp.2001).”
Williams v. State, 107 So. 3d 1016 (Miss. Ct. App. 2012). “” Miss.Code Ann. § 99-39-25(1) (Supp.2011); Williams v.”
Payton v. State, 89 So. 3d 73 (Miss. Ct. App. 2011). “Miss.Code Ann. § 99-39-25 (Rev.2007); Martin, 556 So.”
Miss. Code Ann. § 99-39-25(1): 11 cases
Jackson v. State, 67 So. 3d 725 (Miss. 2011). “Miss.Code Ann. § 99-39-25 (Rev.2007); 8 Martin, 556 So.”
Williams v. State, 4 So. 3d 388 (Miss. Ct. App. 2009). “Miss.Code Ann. § 99-39-25(1) (Rev.2007). Because Williams’s motion to alter or amend the trial court’s judgment is missing from the record and it, thus, appears that Williams, through no fault of his own, was not able to timely perfect his appeal, we address Williams’s issues on…”
Watts v. State, 981 So. 2d 1034 (Miss. Ct. App. 2008). “" Watts argues that he is entitled to appointed counsel because an appeal from the denial of a PCR is not a post-conviction proceeding. Contrary to Watts's argument, an appeal from a final judgment denying post-conviction relief is provided for by the Mississippi Uniform…”
Benbow v. State, 614 So. 2d 398 (Miss. 1993). “Rules 2(c) and 4(g), read in conjunction with Miss. Code Ann. 99-39-25(1) (Supp. 1991) provides this Court with authority to suspend the rule in post-conviction relief appeals, as in any other criminal appeal, and to allow an appeal to proceed despite apparently untimely notice.”
Andrews v. State, 932 So. 2d 61 (Miss. Ct. App. 2006). “See Miss.Code Ann. § 99-39-25(1) (Rev.2000); Williams v.”
Miss. Code Ann. § 99-39-25(4): 1 case
Atwell v. State, 848 So. 2d 190 (Miss. Ct. App. 2003).
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