Legal Opinion · Dissent

Reeves v. City of Crystal Springs

Court of Appeals of Mississippi

Decided February 15, 2011No. 2009-CA-01362-COAPublished

1DissentMaxwell, J.

¶ 28. Because the municipal court failed to notify Reeves he had been found guilty of fírst-offense DUI, I find his diligent efforts, upon learning of the conviction, were sufficient to timely perfect his appeal to the circuit court. Therefore, I respectfully dissent from the majority and would instead reverse the circuit court’s dismissal of Reeves’s appeal and remand the case to the circuit court to consider the merits of his appeal.

¶ 24. The record indicates Reeves’s attorney’s first hint that his client had been found guilty came by way of a notice dated February 3, 2009. This was neither…

2Cases cited5 opinions

  1. Riley v. Town of LambertCourt of Appeals of Mississippi · 2003
  2. City of Gulfport v. SaxtonMississippi Supreme Court · 1983
  3. Kennard v. StateMississippi Supreme Court · 1961
  4. Sartain v. StateMississippi Supreme Court · 1981
  5. McFarland v. StateCourt of Appeals of Mississippi · 2006

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