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Miss. Code Ann. § 99-35-115

Bail after conviction of felony; application for emergency hearing upon denial of bail

Applied in 13 court decisions — leading case 555 So. 2d 738 - Walker v. State (1990)

Most recently applied in Andre Antonio Fairley v. State of Mississippi (May 2019)

Codes, 1880, § 2341; 1892, § 66; 1906, § 67; Hemingway’s 1917, §§ 43, 44, 45; 1930, § 46; 1942, § 1180; Laws, 1916, ch. 217; Laws, 1987, ch. 350; Laws, 1997, ch. 527, § 1; Laws,…

How often courts cite this section

19771980199020002010201920
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.

(1) A person convicted of felony child abuse, sexual battery of a minor or any offense in which a sentence of death or life imprisonment is imposed shall not be entitled to be released from imprisonment pending an appeal to the Supreme Court.

(2) A person convicted of any felony, not enumerated in subsection (1), shall be entitled to be released from imprisonment on bail pending an appeal to the Supreme Court, within the discretion of a judicial officer, if the convict shows by clear and convincing evidence that release of the convict would not constitute a special danger to any other person or to the community, and that a condition or a combination of conditions may be placed on release that will reasonably assure the appearance of the convict as required, and only when the peculiar circumstances of the case render it proper.

(3) If bail is denied, the judicial officer shall place the reasons for such denial of record in the case.

(4) For the purposes of this section, “judicial officer” means the trial court or trial judge, a judge of the district in which the conviction occurred, the Supreme Court or a justice of the Supreme Court in vacation of the court.

(5) The victim or family of a victim shall be entitled to submit a written statement objecting to the granting of release on bail pending appeal.

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.