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Mississippi: Supreme Court citation practice | Citation rule(s)
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Examples from Nichols v. State, 2000-KA-00807-SCT, 826 So. 2d 1288 (Miss.
2002)
. . . .
9. Nichols argues that the trial court abused its discretion in sentencing him to the maximum
sentence authorized by Miss. Code Ann. § 97-17-33. In addition, he claims that the trial judge
relied upon incorrect information that he was guilty of prior felony convictions. Further,
Nichols asserts that the excessive and disproportionate sentence was a violation of the Eighth
Amendment of the United States Constitution which prohibits cruel and unusual punishment.
10. "Sentencing is within the complete discretion of the trial court and not subject to
appellate review if it is within the limits prescribed by statute." Wall v. State, 718 So. 2d 1107,
1114 (Miss. 1998)(quoting Hoops v. State, 681 So. 2d 521, 537 (Miss. 1996)). Accord, Berry
v. State, 722 So. 2d 706. 707 (Miss. 1998). In Fleming v. State, 604 So. 2d 280, 302 (Miss.
1992), this Court held that the general rule in Mississippi is that a sentence that does not
exceed the maximum term allowed by the statute cannot be disturbed on appeal. However,
this Court will review a sentence that allegedly imposed a penalty that is disproportionate to
the crime. Id.
. . . .
Miss. R. App. P. 28(f),
http://www.mssc.state.ms.us/rules/msrulesofcourt/rules_of_appellate_procedu
re.pdf.
RULE 28. BRIEFS
. . . .
(f) References in Briefs to the Record and Citations. All briefs shall be keyed by reference to
page numbers (1) to the record excerpts filed pursuant to Rule 30 of these Rules, and (2) to
the record itself.
(1) The Supreme Court and the Court of Appeals shall assign paragraph numbers to the
paragraphs in all published opinions. The paragraph numbers shall begin at the first paragraph
of the text of the majority opinion and shall continue sequentially throughout the majority
opinion and any concurring or dissenting opinions in the order that the opinions are arranged
by the Court.
(2) All Mississippi cases shall be cited to either:
(i) the Southern Reporter and, in cases decided prior to 1967, the official Mississippi
Reports (e.g., Smith v. Jones, 699 So.2d 100 (Miss. 1997)); or