ARVIN ROCHELL ARVIN DALE ROCHELL v. STATE OF MISSISSIPPI (2017)

ORDER

This matter is before the undersigned Justice on the Court's own motion. On December 1, 2016, the Court affirmed the trial court's denial of Arvin D. Rochell's petition for post-conviction relief. Rochell v. State, __ So. 3d __, 2016 WL 7014028 (Miss. Dec. 1, 2016). Rochell confirmed receipt of that decision on December 5, 2016. The mandate issued on December 22, 2016. But Rochell's pro se Motion for Rehearing, dated December 19, 2016, was filed on December 27, 2016.

“A motion for rehearing may be filed within 14 days after a decision is handed down on the merits of a case by the Supreme Court or the Court of Appeals.” M.R.A.P. 40(a). However, the Court “may suspend the requirements or provisions of any of these rules ․ on its own motion ․” M.R.A.P. 2(c). After due consideration, the undersigned Justice finds that the mandate in this matter should be recalled and Rochell's pro se Motion for Rehearing should be considered on its merits.

IT IS THEREFORE ORDERED that the mandate in this matter should be recalled and the pro se Motion for Rehearing filed by Arvin D. Rochell should be considered on its merits.

DAWN H. BEAM, JUSTICE