Legal Opinion · Dissent

Lori Griffin v. State of Mississippi

Court of Appeals of Mississippi

Decided April 17, 2018No. 2014–KA–01335–COAPublished

1Dissent

IRVING, P.J., DISSENTING:

¶ 61. I disagree with the majority's finding that the State's contention-that Griffin's appeal is untimely-is without merit because the State failed to present that issue to the circuit court in opposition to Griffin's post-conviction-relief (PCR) petition for an out-of-time appeal. I also disagree with the majority's implicit finding that this Court lacks the authority to dismiss this appeal for lack of jurisdiction, as this Court always has jurisdiction to determine our jurisdiction and to dismiss an appeal if we find that we lack jurisdiction. Therefore, I dissent.…

2Cases cited7 opinions

  1. Rowland v. StateMississippi Supreme Court · 2010
  2. Fair v. StateMississippi Supreme Court · 1990
  3. Dickey v. StateMississippi Supreme Court · 1995
  4. Dorsey v. StateCourt of Appeals of Mississippi · 2008
  5. Harris v. StateMississippi Supreme Court · 1993

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