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Miss. Code Ann. § 11-43-3

Chapter not to apply in certain cases — service of petition and writ on Attorney General in extradition cases

Applied in 5 court decisions — leading case 555 So. 2d 738 - Walker v. State (1990)

Most recently applied in Clayton Paul Bateman v. State of Mississippi (September 2018)

Codes, Hutchinson’s 1848, ch. 65, art. 1 (15); 1857, ch. 48, art. 3; 1871, § 1397; 1880, § 2520; 1892, § 2227; 1906, § 2446; Hemingway’s 1917, § 2012; 1930, § 1915; 1942, § 2816…

How often courts cite this section

198920002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Nothing in this chapter shall authorize the discharge of any person convicted of an offense, or charged with an offense committed in any other part of the United States, and who, agreeably to the Constitution of the United States or the laws of the state, ought to be delivered up to the executive power of the state or territory where the offense is charged to have been committed; nor of any person suffering imprisonment under lawful judgment.

This chapter shall not apply to any collateral relief sought by any person following his conviction of a crime. Such relief shall be governed by the procedures prescribed in the Mississippi Uniform Post-Conviction Collateral Relief Act.

Provided, in any suit filed seeking the release of any person being held for extradition to any other part of the United States, its territories or foreign countries or any suit filed hereunder seeking the release of any person ordered extradicted, a copy of the petition and writ shall be served upon the Attorney General not less than three (3) days before the date and time set for hearing thereon.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.