Mississippi Supreme Court

Lindsey v. State

March 17, 2005939 So. 2d 743

Summary

The Court held that Mississippi's procedure for handling indigent appeals deemed meritless was constitutionally deficient because it required counsel to determine only that the defendant was unlikely to prevail and did not clearly require supplemental merits briefing when an arguable issue appeared. The Court partially overruled the existing procedure, adopted detailed briefing and review requirements, and ordered supplemental briefing in Lindsey's appeal. The Court did not decide the remaining asserted errors at this stage.