In this criminal appeal, the Court of Appeals affirmed the trial court’s denial of the defendant’s petition to file a belated notice of appeal. After being sentenced to life imprisonment for murder in 1970, the defendant escaped from prison in 1972 and was a fugitive until 2007. In 2011, she filed a belated notice of appeal. The Court of Appeals recognized the constitutional right to appeal a criminal conviction and the post-conviction rule that allows criminal defendants to seek leave to file late notices of appeal (P.C.R.2(1)(a)) but held the defendant was not without fault for the extensive delay in seeking leave to appeal.
Although favorable to the State, this opinion includes some good general discussion of belated criminal appeals and is a good starting place for post-conviction or appellate attorneys dealing with belated appeals.
The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.
Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.
Any links to other websites are not intended to be referrals or endorsements of those sites.
A representative will be in touch with you shortly.
An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.