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2011 SESSION

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HB 2438 Criminal cases; delayed appeal.

Introduced by: Charniele L. Herring | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Criminal cases; delayed appeal. Allows a defendant to move for a delayed appeal when an appeal from a criminal case has been denied or the conviction has been affirmed due to failure to file or timely file the indispensible transcript or written statement of facts. This provision is added to the current provisions that a defendant may move for leave to pursue a delayed appeal from circuit court to the Court of Appeals and from the Court of Appeals to the Supreme Court when an appeal in a criminal case was never initiated or was dismissed for failure to adhere to proper form, procedures, and time limits due to error, neglect, or fault of counsel, court reporter, the court, or an officer or employee of the court.


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