Joseph Davis, Jr. v. City of Biloxi, Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2000-KM-00696-COA
JOSEPH DAVIS, JR.
v.
CITY OF BILOXI
DATE OF TRIAL COURT
JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
APPELLANT
APPELLEE
03/20/2000
HON. JERRY O. TERRY SR.
HARRISON COUNTY CIRCUIT COURT
KELLY MICHAEL RAYBURN
JOY HARRISON GOUNDAS
CONO A. CARANNA II
CRIMINAL - MISDEMEANOR
12/08/1998: TRESPASSING: SENTENCED TO PAY THE
SUM AND AMOUNT OF $122, PLUS ALL COSTS AND
ASSESSMENTS
RESISTING ARREST: SENTENCED TO PAY THE SUM
AND AMOUNT OF $422, PLUS ALL COSTS AND
ASSESSMENTS
DISPOSITION:
DISMISSED - 07/17/2001
MOTION FOR REHEARING FILED: 8/27/2001; denied 10/16/2001
CERTIORARI FILED:
MANDATE ISSUED:
11/6/2001
BEFORE McMILLIN, C.J., BRIDGES, AND MYERS, JJ.
McMILLIN, C.J., FOR THE COURT:
¶1. This matter comes before the Court as an appeal from the decision of the Circuit Court of Harrison
County, sitting as an intermediate appellate court. The circuit court affirmed the convictions of Joseph
Davis, Jr. on two misdemeanor counts. Davis was originally convicted on these charges in the Municipal
Court for the City of Biloxi. He had already appealed his convictions to the County Court of Harrison
County, where the matter was tried de novo. The retrial in county court ended with Davis being convicted
on both counts, which subsequently led to Davis's unsuccessful appeal to circuit court and now to this
Court.
¶2. The City of Biloxi, as appellee, does not raise the matter of this Court's jurisdiction to hear this appeal;
however, jurisdiction may not be conferred by agreement of the parties. Donald v. Reeves Transp. Co. of
Calhoun, Ga., 538 So. 2d 1191, 1194 (Miss.1989). This Court must remain mindful of questions relating
to jurisdiction and should, if appropriate, raise such issues on its own motion. Michael v. Michael, 650 So.
2d 469, 471 (Miss. 1995).
¶3. Section 11-51-81 of the Mississippi Code governs a defendant's right of appeal from a proceeding
originating in a municipal court. That section provides in pertinent part that:
there shall be no appeal from the circuit court to the supreme court of any case civil or criminal which
originated in a justice of the peace, municipal or police court and was thence appealed to the county
court and thence to the circuit court unless in the determination of the case a constitutional question be
necessarily involved and then only upon the allowance of the appeal by the circuit judge or by a judge
of the supreme court.
Miss. Code Ann. § 11-51-81 (1972).
¶4. Procedurally, Davis's appeal is defective because it was not accompanied by the necessary formal
allowance of either the circuit judge or a supreme court justice. Disregarding the absence of the necessary
procedural formalities, we note that the only issues raised by Davis relate to the sufficiency of the evidence
of his guilt and an allegation that the circuit court erred in its reasoning to affirm the county court conviction.
We conclude that neither of these issues raise a concern of constitutional magnitude within the meaning of
Section 11-51-81. For that reason, this Court is without jurisdiction to consider the appeal.
¶5. THE APPEAL FROM THE JUDGMENT OF THE CIRCUIT COURT OF HARRISON
COUNTY IS DISMISSED FOR LACK OF JURISDICTION. COSTS OF THE APPEAL ARE
ASSESSED TO THE APPELLANT.
KING AND SOUTHWICK, P.JJ., PAYNE, BRIDGES, THOMAS, LEE, IRVING,
MYERS AND CHANDLER, JJ., CONCUR.
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