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Mississippi

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to vacate the judgment, to withdraw the plea, or for a new trial based on new evidence or legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the District Attorney’s Office where the case was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Mississippi Office of the Attorney General represents the state on direct appeal. To receive appeal updates, victims can complete an online form.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Mississippi Office of the Attorney General represents the State in state felony post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can complete an online form.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Mississippi law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Mississippi Office of the Attorney General represents the State in federal habeas corpus proceedings. To receive federal habeas corpus updates, victims can complete an online form.

Early Release Programs

These can include parole, geriatric parole, conditional medical release, and earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Mississippi, including parole, geriatric parole, conditional release, and earning “good-time credits,” which are reductions in sentences awarded for good behavior in prison.
  • Victims can track the status of an incarcerated person through the Mississippi Department of Corrections (DOC) search. Victims can register for notification online through the DOC. For assistance, victims can contact the DOC Division of Victim Services by calling (601) 359-5628, (601) 359-3752, or (866) 522-4087. Victims can also register for the Statewide Automated Victim Information and Notification (SAVIN) system.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Mississippi law. The governor is assisted by the Parole Board. In Mississippi, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • To ensure clemency notification, victims should contact the DOC Division of Victim Services by calling (601) 359-5628, (601) 359-3752, or (866) 522-4087.

Victims Rights
Post-Conviction

In Mississippi, victims have the right to:
  • Be treated with fairness, dignity, and respect
  • Notification of the status of any post-conviction court review or appellate proceeding and any decision about appeals or post-conviction*
  • Be present and be heard, when authorized, during public hearings
  • Receive a transcript of the trial
  • Information and instructions on requesting notification about appeals
  • Notification about release, escape, and recapture*
  • Be heard about the release and change in custody status of the incarcerated individual, including parole and pardon hearings
  • Request restitution and apply for crime victim’s compensation

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Missouri Crime Victims’ Compensation Program reimburses victims for expenses related to the crime, such as medical costs,
  • For assistance with unpaid restitution, victims should contact the DOC Division of Victim Services by calling (601) 359-5628, (601) 359-3752, or (866) 522-4087 or the District Attorney’s Office where the crime was prosecuted. Victims can get more information about the Crime Victims’ Compensation Program from the Attorney General’s Bureau of Victim Assistance. Applications must be submitted within two years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Mississippi

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