Rule 39 - Execution of Judgment in Criminal Cases(a) Execution of Judgment After Appeal in Cases Where the Appellant Is at Liberty on Appearance Bond. After the submission of a felony case in which the appellant is at liberty on an appearance bond, the appropriate appellate court will determine a date for rendition of its judgment and will so notify appellant. On the day so fixed, appellant shall surrender at 12:30 p.m. to the sheriff of the county in which he was convicted, and the sheriff shall notify the clerk of the Supreme Court no later than 1:00 p.m. whether the appellant has surrendered. On failure of the appellant to surrender to the sheriff as required, the Supreme Court or the Court of Appeals will forfeit the bail bond. Bail shall not be allowed after affirmance in the appellate court, except as provided in Rule 41.(b) Procedure Following Issuance of Mandate in Criminal Cases. In all criminal cases in which a judgment is to be executed, except those in which a sentence of death has been imposed, the circuit clerk of the county of conviction shall, within 30 days after receipt of the mandate, notify the clerk of the Supreme Court in writing of the status of execution of the judgment. In any case where the judgment has not been executed, the clerk of the Supreme Court shall promptly notify in writing both the Chief Justice of the Supreme Court or the Chief Judge of the Court of Appeals and the Attorney General.Advisory Committee Historical Note
Effective January 1, 1995, Miss.R.App.P. 39 replaced Miss.Sup.Ct.R. 39, embracing proceedings in the Court of Appeals. 644-647 So.2d LXXVIII-LXXIX (West Miss.Cases 1994).
Comment
Rule 39 continues the practice under former rules.
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