State of Mississippi Judiciary

Court of Appeals to convene at Mississippi State University on Nov. 16

November 6, 2023

The Mississippi Court of Appeals will convene at Mississippi State University to hear an appeal on Nov. 16.

A three-judge panel of the Court of Appeals will hear an appeal in a criminal case at 10 a.m. at the Hunter Henry Center, 1 Hunter Henry Boulevard on the MSU campus in Starkville. The oral argument is expected to last approximately an hour, with lawyers on each side having 30 minutes to present their arguments. Judges will answer questions from students after the oral arguments, but will not talk about the case. Spectators should be seated in the courtroom 15 minutes before the proceeding.

The Court of Appeals through its Court on the Road program schedules oral arguments on college campuses and occasionally at other locations as a teaching tool to give students and the public opportunities to watch proceedings in cases on appeal. Court on the Road offers a unique learning experience for students with an interest in law, government, journalism and a variety of other fields. The public may attend to gain a better understanding of appellate court proceedings.

Court of Appeals Chief Judge Donna Barnes of Tupelo said, “Our court is fortunate that statutes permit us to convene in places other than the state Capital. That allows anyone, especially students, to attend in person and see first-hand how the appellate judicial system works.”

Presiding Judge Jack Wilson of Madison said, “Court on the Road provides a great opportunity for college students, especially those considering a career in law, to learn more about our court system and our appellate courts. We look forward to meeting students and answering their questions following the argument. We always have an excellent turnout for Court on the Road at Mississippi State, and we appreciate Professor Whit Waide's efforts to support this event.”

Professor Waide was responsible for the creation of the university’s minor in pre-law. He serves as students’ pre-law advisor.

The case to be heard on appeal is Andrew Graham Winstead v. State of Mississippi, cause number 2022-KA-01235-COA. The case is an appeal of a criminal conviction for leaving the scene of an accident result-ing in death. Two-year-old Nathan Norris was hit by a truck on Mississippi Highway 492 on the evening of April 29, 2021. A Neshoba County Circuit Court jury convicted Winstead, and Circuit Judge Caleb May sentenced Winstead to 12 years in the Custody of the Department of Corrections, with five years suspended and seven years to serve.

Any media organization which may wish to photograph or videotape the oral arguments must file a Camera Coverage Notice. Camera Coverage Notices should be directed to Clerk of the Court Jeremy Whitmire, e-mail jwhitmire@courts.ms.gov, fax 601-359-2407; and to Assistant Court Administrator Camille Henick Evans, e-mail cevans@courts.ms.gov, fax 601-576-4708. The Camera Coverage Notice form is at this link: https://courts.ms.gov/news/forms/camnotice.pdf.

Media photographers and videographers must be familiar with and follow the Rules for Electronic and Photographic Coverage of Judicial Proceedings. The camera coverage rules are available at https://courts.ms.gov/research/rules/msrulesofcourt/rules_electronicphotographic_coverage.pdf.

The oral arguments will not be broadcast via the court’s Internet website, since the Court of Appeals is convening in special session away from its camera-equipped courtroom.

Documents filed in the case are available to be viewed on the Mississippi Judiciary website. Here is a link to the case docket: https://courts.ms.gov/index.php?cn=95849#dispArea.

The appellant’s brief filed on behalf of Andrew Graham Winstead is at this link: https://courts.ms.gov/appellatecourts/docket/sendPDF.php?f=web0001.COA.2022-KA-1235.82514.0.pdf&c=95849&a=N&s=2.

The appellee’s brief filed by the Office of the Attorney General on behalf of the State of Mississippi is at this link: https://courts.ms.gov/appellatecourts/docket/sendPDF.php?f=web0001.COA.2022-KA-1235.84524.0.pdf&c=95849&a=N&s=2.

The Court of Appeals panel also will participate in a continuing legal education presentation of the Mississippi Bar Appellate Practice Section at 11 a.m. Nov. 16 at the Hunter Henry Center. The CLE program is titled “Update on Appellate Practice in Mississippi and Recent Developments in the Law. The CLE program, with lunch, requires a ticket. Registration is available through the ATTORNEY LOGIN on the Bar’s homepage.

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