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 Case: 25CO1:22-cr-00887-JM Document #: 4 Filed: 08/03/2022 Page 1 of 5

IN THE COUNTY COURT OF HINDS COUNTY, MISSISSIPPI

FIRST JUDICIAL DISTRICT

DERRICK COLEMAN APPELLANT

VS. CAUSE NO. 22-887

CITY OF JACKSON/
STATE OF MISSISSIPPI, APPELLEE

EMERGENCY MOTION TO SET APPEAL BOND/COST BOND

Appellant, DERRICK COLEMAN, by and through his undersigned counsel and pursuant

to Miss. Code Ann. § 99-35-1 et seq., Rule 29 of the Mississippi Rules of Criminal Procedure, and

related authority, hereby files this Emergency Motion to Set Appeal Bond. In support hereof,

COLEMAN would show unto the Court as follows:

1. In this proceeding, COLEMAN is appealing the final judgment entered on July 25,

2022, by the Honorable Judge Jeff Reynolds of the Municipal Court of the City of JACKSON, in

case number 22082852, wherein Appellant was convicted and sentenced on one count of violation

of protective order. COLEMAN was sentenced to jail time of 6 months.

2. Following COLEMAN’S conviction in the Municipal Court, that court set the

bonds for his appeal. The cost bond was set at $2,500.00 and the appeal bond was set at

$250,000.00.

3. Miss. Code Ann. § 99-35-1 provides:

In all cases of conviction of a criminal offense against the laws of the state by the
judgment of a justice court, or by a municipal court, for the violation of an
ordinance thereof, an appeal may be taken within 40 days from the date of such
judgment of conviction to the county court of the county, in counties in which a
county court is in existence, or the circuit court of the county, in counties in which
a county court is not in existence, which shall stay the judgment appealed from.
Any person appealing a judgment of a justice court or a municipal court under this
section shall post bond for court costs relating to such appeal. The amount of such
bond shall be determined by the justice court judge or municipal judge, payable to
the state in an amount of not less than $100.00 nor more than $1,000.00. On
Case: 25CO1:22-cr-00887-JM Document #: 4 Filed: 08/03/2022 Page 2 of 5

appearance of the appellant in the circuit court the case shall be tried anew and
disposed of as other cases pending therein. This Court has held where there is
conflict between a statute and a procedural rule created by the Supreme Court, the
rule controls and the statute is void and of no effect. Murray v. State, 870 So. 2d
1182, 1184 (Miss. 2004) (citations omitted).

4. Undersigned counsel communicated with the Municipal Court of JACKSON at the hearing

regarding the above statute and how the $250,000.00 appeal bond set in this matter was in

excess of the statutory maximum and severely deviates from the Bond Guidelines set out

in the Rules of Criminal Procedure which calls for $500 to $2,000.00 per charge.

Nevertheless, the Municipal Court denied the request to lower the appeal bond consistent

with the statute and recommended bond amount. Rule 8.2 embodies the guarantee against

excessive bail provided by article 3, section 29, of the Mississippi Constitution, within the

limitations stated therein. Rule 8.2 is based on the presumption of innocence of the accused,

the constitutional right of a defendant charged with a noncapital offense to be released on

bail, and the policy that a defendant should be released pending trial whenever possible.

Under section (a), a defendant charged with an offense that is bailable as a matter of right

is eligible for a personal recognizance release unless the judge determines that the

defendant’s presence would not be reasonably assured or that the defendant poses a real

and present danger of harm to others. See United States v. Salerno, 481 U.S. 739, 107 S.

Ct. 2095, 95 L. Ed. 2d 697 (1986) (upholding the constitutionality of pretrial detention

based on dangerousness).

5. The Municipal Court cited Mississippi Rules of Criminal Procedure 29 as its basis for

denying the request to lower bond. The Municipal Court stated that since that rule did not

mention a maximum appeal bond that it left the determination of the appeal bond purely to

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the discretion of the lower court (in this case, the Municipal Court of JACKSON), and it

was at his discretion.

6. There is no conflict between Miss. Code Ann. § 99-35-1 and Rule 29. Thus, the

municipal Court’s decision to impose an excessive appeal bond is in error.

7. In Mitchell v. Parker, 804 So.2d 1066 (Miss. Ct. App. 2001), the Court construed the

appeal bond statutes and URCCC 12.02. While the precise issue before that Court was not

the one at issue here, the case clearly shows that there is no conflict between Miss. Code

Ann. § 99-35-3 and Rule 29. The Court makes clear that the statutes and rules are to be

read to cooperate with one another. Only in the case of an actual conflict between a rule

and a statute does one have to consider which should control.

8. The Court in Mitchell said:

Just what is procedure and what is within the legislative's authority need not be
decided here, as the Court has also held that it will consider statutory rules in a
"cooperative spirit" in an effort to provide for the "fair and efficient
administration of justice. . . ." Newell v. State, 308 So. 2d 71, 78 (Miss. 1975).
That cooperative spirit cautions us not to create conflicts between statutes and
rules when such conflicts are not reasonably apparent. The relevant statutes were
adopted first and [1061] the Uniform Circuit and County Court Rules later. The
rules roughly replicate the approach of the statutes. However, HN8 if consistency
cannot be found, procedural "statutes which conflict with rules adopted by the
Court are void." Stevens v. Lake, 615 So. 2d 1177, 1183 (Miss. 1993).

9. Here, there is no inconsistency between Miss. Code Ann. § 99-35-1 and Rule 29. The

statute states that the lower court judge sets the appeal bond in an amount between $100.00

and $1000.00. The Rule states that the lower court judge sets the appeal bond, and makes

no reference to any minimum or maximum. Read cooperatively, the statute and rule

combine to have zero conflict: the lower court judge has the discretion to set the bond

between $100 (but not lower) and $1,000 (but not higher) per charge.

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10. Accordingly, COLEMAN seeks an order from this Court that (a) sets aside the appeal bond

set at $250,000.00 by the Municipal Court of JACKSON and (b) sets an appeal bond within

the parameters of $100.00 and $1,000.00 as required by Miss. Code Ann. § 99-35-1. To

show good faith, Coleman has already posted a $1,000 bond with the Court.

11. Moreover, the Court clearly meant this bond as a punitive measure. Bond is meant to

secure the Appellant’s appearance not to punish him. This violates his rights under the

United States constitution as well as the Mississippi Constitution.

12. The Cost Bond is oppressive to the Appellant as well. The Hinds County Circuit Clerk’s

Office has the standard cost bond on a violation of protection order set at $283.50 when

appealing from the City of Jackson.

13. COLEMAN has posted a $1000.00 bond and $283.50 for costs pursuant to the instructions

by the Circuit Clerk for is normally required in this matters. Appellant would state that

this is sufficient to secure appearance and Appellant should immediately be released from

jail.

WHEREFORE, PREMISES CONSIDERED, Appellant DERRICK COLEMAN seeks an

order from this Court that (a) sets aside the appeal bond set at $250,000.00 by the Municipal

Court of JACKSON and (b) sets an appeal bond within the parameters of $100.00 and $1,000.00

as required by Miss. Code Ann. § 99-35-3 or any other relief deemed necessary under the law.

Respectfully submitted,

DERRICK COLEMAN, APPELLANT

By: Damon R. Stevneson

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OF COUNSEL:

DAMON R. STEVENSON, MSB 102945

STEVENSON LEGAL GROUP, PLLC
1010 N. WEST STREET
JACKSON, MS 39202
P: (769) 251-0207
F: (601) 608-7872

CERTIFICATE OF SERVICE

I, Damon R. Stevenson, attorney for Appellant, certify that I have this day filed this
Motion with the Clerk of this Court together and have served a copy of this Notice of Filing
indicated below to the following:

JACKSON Municipal Court Keith Gates

City Clerk City Prosecutor
327 E Pascagoula St 327 E Pascagoula St
JACKSON, MS 39201 Jackson, MS 39201
VIA U.S. MAIL & EMAIL VIA U.S. MAIL & EMAIL

This the 3rd day of August, 2022

Damon R. Stevneson

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 Case: 25CO1:22-cr-00887-JM Document #: 1 Filed: 08/02/2022 Page 1 of 2

IN THE COUNTY COURT OF HINDS COUNTY, MISSISSIPPI

FIRST JUDICIAL DISTRICT

DERRICK COLEMAN PLAINTIFF

vs. CAUSE NO. @- 1f7

CITY OF JACKSON/
STATE OF MISSISSIPPI, DEFENDANT

NOTICE OF APPEAL FROM MUNICIPAL COURT

COMES NOW Derrick Coleman, Defendant, in the above-styled and numbered

cause, who files this Notice of Appeal from a Final Judgment hereon rendered in the

Municipal Court of Jackson, Mississippi showing as follows, to-wit:

1. A Final Judgement was entered on the July 25, 2022 wherein Defendant was

found guilty of the following:

A) Violation of protection order.

2. That this appeal is taken for a Trial De Novn, and Bond has been posted

herein.

3. That the file and record hereon, should be delivered to the Clerk of this

Court, within 10 (ten) days from the filing date hereon, containing the Appeal Bond taken,

a certified copy of the record herein, and all original papers in this case.

RES~~~~~~,
Damon R. Stevenson
 Case: 25CO1:22-cr-00887-JM Document #: 1 Filed: 08/02/2022 Page 2 of 2

Damon R. Stevenson, MSB 102945

Stevenson Legal Group, PLLC
1010 North West Street
Jackson, MS 39202
Attorney for Defendant
[email protected]
Tel: (769) 251-0207
Fax: (601) 608-7872

CERTIFICATE OF SERVICE

I, Damon R. Stevenson, attorney for Defendant, do hereby certify that I have on

this day delivered, by hand, a true and correct copy of the foregoing Notice to Keith Gates,

County Attorney, 327 E. Pascagoula Street, Jackson, MS, 39201.

This the 2nd day of Au~: (/

Damon R. Stevenson