Mississippi Office of Indigent Appeals

HISTORY The Mississippi Office of Indigent Appeals (MOIA) was created by the Legislature in 2005 to provide legal represenation on appeal for indigent persons convicted of felonies but not under sentence of death in Mississippi. MOIA became operational and was fully staffed in January of 2007. The Mississippi Legislature created a Public Defender Training Division within MOIA to provide training and resources to Mississippi's public defenders.
Instructions for Attorneys to Submit a Case to MOIA On August 9th, the Mississippi Supreme Court amended MRAP Rule 6 to reflect the procedure for transferring a case to our office. An entirely new paragraph was added under subsection (b)(1). It reads: "Appointed trial counsel may file a motion to substitute the Mississippi Office of Indigent Appeals, in accordance with Miss. Code Ann. § 99-40-1. Trial counsel shall remain as defendant's counsel until relieved by order of the Supreme Court and shall have a continuing duty to cooperate with appellate counsel after relieved by order of the Supreme Court." Under subsection (b)(2) the Court revised the last paragraph to read that when appellant is without counsel, and the trial court determines an appellant to be indigent, the trial court, "shall, except for good cause shown, appoint the Mississippi Office of Indigent Appeals to represent the appellant on appeal in accordance with Miss. Code Ann. §99-40-1." The comments were also amended and reiterated that, "An indigent appellant shall be represented by the Mississippi Office of Indigent Appeals absent good cause shown." Copies of sample motions are provided below for download. Please copy us on the motion. We will then submit an entry of appearance form with the Court and send you a copy. All post-trial motions, the Notice of Appeal, Designation of the Record and Certificate of Compliance should be completed before asking to withdraw. Sample Motion to Substitute in Word Sample Motion to Substitute in WordPerfect Sample Motion to Substitute in Adobe Acrobat Sample trial court orders: Sample Order Substituting Counsel in Word Sample Order Substituting Counsel in Wordperfect Sample Order Substituting Counsel in Adobe Acrobat

HISTORY

The Mississippi Office of Indigent Appeals (MOIA) was created by the Legislature in 2005 to provide legal represenation on appeal for indigent persons convicted of felonies but not under sentence of death in Mississippi. MOIA became operational and was fully staffed in January of 2007. The Mississippi Legislature created a Public Defender Training Division within MOIA to provide training and resources to Mississippi's public defenders.

Instructions for Attorneys to Submit a Case to MOIA

On August 9th, the Mississippi Supreme Court amended MRAP Rule 6 to reflect the procedure for transferring a case to our office.

An entirely new paragraph was added under subsection (b)(1). It reads:

"Appointed trial counsel may file a motion to substitute the Mississippi Office of Indigent Appeals, in accordance with Miss. Code Ann. § 99-40-1. Trial counsel shall remain as defendant's counsel until relieved by order of the Supreme Court and shall have a continuing duty to cooperate with appellate counsel after relieved by order of the Supreme Court."

Under subsection (b)(2) the Court revised the last paragraph to read that when appellant is without counsel, and the trial court determines an appellant to be indigent, the trial court, "shall, except for good cause shown, appoint the Mississippi Office of Indigent Appeals to represent the appellant on appeal in accordance with Miss. Code Ann. §99-40-1."

The comments were also amended and reiterated that, "An indigent appellant shall be represented by the Mississippi Office of Indigent Appeals absent good cause shown."

Copies of sample motions are provided below for download. Please copy us on the motion. We will then submit an entry of appearance form with the Court and send you a copy. All post-trial motions, the Notice of Appeal, Designation of the Record and Certificate of Compliance should be completed before asking to withdraw.

Sample Motion to Substitute in Word

Sample Motion to Substitute in WordPerfect

Sample Motion to Substitute in Adobe Acrobat

Sample trial court orders:

Sample Order Substituting Counsel in Word

Sample Order Substituting Counsel in Wordperfect

Sample Order Substituting Counsel in Adobe Acrobat

MISSISSIPPI OFFICE OF INDIGENT APPEALS

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HISTORY

Instructions for Attorneys to Submit a Case to MOIA