Mississippi Code Title 99. Criminal Procedure § 99-41-13. Appeals

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Any claimant aggrieved by a final decision of the Attorney General shall be entitled to judicial review thereof in the manner provided in this section.

(a) An appeal may be taken by such claimant to the circuit court of the claimant's residence or the Circuit Court of the First Judicial District of Hinds County by filing a petition with the clerk of the court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, conditioned upon the payment of all costs of appeal, including the cost of preparing the transcript of the hearing before the Attorney General.  The petition and bond shall be filed within thirty (30) days of the receipt of the final decision of the Attorney General.  Upon approval of the bond, the clerk of the court shall notify the Office of the Attorney General, which shall prepare its record in the matter and transmit it to the circuit court.

(b) The scope of review of the circuit court in such cases shall be limited to a review of the record made before the Attorney General to determine if the action of the Attorney General is unlawful for the reason that it was:

(i) Not supported by a preponderance of the evidence;

(ii) Arbitrary and capricious;  or

(iii) In violation of a statutory right of claimant.

(c) No relief shall be granted based upon the court's finding of harmless error.

(d) Any party aggrieved by action of the circuit court may appeal to the Supreme Court in the manner provided by law.

Cite this article: FindLaw.com - Mississippi Code Title 99. Criminal Procedure § 99-41-13. Appeals - last updated January 01, 2018 | https://codes.findlaw.com/ms/title-99-criminal-procedure/ms-code-sect-99-41-13.html


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