Is it legal?
Convicted killer Carly Gregg filed a notice of appeal in Rankin County Circuit Court Friday. A jury convicted her of first-degree murder and attempted murder. She was 14 years old when she shot her mother to death and shot her stepfather.
Attorney Kevin Camp states in the notice of appeal:
COMES NOW the Defendant, CARLEY MADISON GREGG, in the above-styled and referenced matter, and hereby files this, her appeal to the Supreme Court of Mississippi from the Judgment of Conviction and Sentence Instanter convicting appellant of First Degree Murder, Attempted Murder and Tampering with Evidence as entered by the Circuit Court of Rankin County, Mississippi, in Circuit Court Case Number 2024-34169, entered on September 25, 2024.
RESPECTFULLY SUBMITTED, THIS the 18th day of October, 2024.
Camp's co-counsel, Bridget Todd filed a motion for a new trial and in the alternative, a judgment notwithstanding the verdict on September 26, 2024. The state responded on October 7.
Judge Arthur has not ruled on Todd's motion. However, the Mississippi Rules of Criminal Procedure state the motion is automatically denied after 30 days unless the Court rules otherwise.
Kingfish note: Camp's motion might have an even bigger problem. MRCP 4(e) states:
(e) Post-trial motions in criminal cases. — If a defendant makes a timely motion (1) for judgment of acquittal notwithstanding the verdict of the jury, or (2) for a new trial under MRCrP 25.1, the time for appeal for all parties shall run from the entry of the order denying such motion. Notwithstanding anything in this rule to the contrary, in criminal cases the 30 day period shall run from the date of the denial of any motion contemplated by this subparagraph, or from the date of imposition of sentence, whichever occurs later. A notice of appeal filed after the court announces a decision sentence, or order but before it disposes of any of the above motions, is ineffective until the date of the entry of the order disposing of the last such motion outstanding, or until the date of the entry of the judgment of conviction, whichever is later. Notwithstanding the provisions of Appellate Rule 3(c), a valid notice of appeal is effective to appeal from an order disposing of any of the above motions.
Soooooo……. There is a question of whether prematurely filed his notice of appeal to the Mississippi Supreme Court.
11 comments:
Plain English for us non-lawyer types. What's Camp's issue?
Anyone know where they sent her (to begin serving her time) after she was convicted? I'm sure Dateline NBC has already done their initial interviews. I wonder when her segment will be aired? Should be interesting.
Criminal trial and appellate lawyer here: It is not uncommon for the Notice of Appeal to be filed while the post-trial motion is pending, in order to remove any doubt that it is timely filed. So, it appears that they did not have to file it yet but they are just being careful. Can't fault them for that. It will get sorted out.
In plain english: you appeal from final judgment. Judgment will be final when the court rules on the motion for JNOV/New Trial.
She is the youth section of MDOC
Ms. Todd needs to go back to working her misdemeanor cases and divorce cases. She is in over her head.
with respect to the timing, this happens all the time and is not a big deal.
You are correct but if I don't mention it, then someone will be raising hell in the comments.
She deserves prison but should have a chance at parole
If I remember correctly, I think there is a case directly on point that says a prematurely-filed notice of appeal becomes operative when the post-judgment motion is denied, and there is no need to re-file the notice of appeal.
Comes now the DEFENDANT, and wherefore premises considered, respectfully tosses in a bunch of unnecessary formality, even though all involved have a damned good idea of this sumbitch is headed. The only question was how many pages before the judge, therefore, ordered and adjudged, that the Defendant's Motion was denied, and for good measure also so ordered and adjudged it so on such-and-such date.
For anyone who cares about such things, and who hasn't already done so, read some of Richard Posner's musings on this very subject. Here's a hint - there are times when proper legal scholarship requires some length, but there is never a time when length substitutes for scholarship. Here's another - if seems more convincing in Latin, it's probably bullshit.
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