Lyons v. State

After a jury trial, Petitioner was found guilty of second-degree sexual assault. Petitioner was sentenced to 120 months’ imprisonment. No appeal was taken from the judgment of conviction. Petitioner then sought leave from the Supreme Court to proceed with a belated appeal, asserting that he notified his appointed attorney in a timely manner that he desired to appeal and that he was unaware until nearly eighteen months later that no appeal had been perfected. The Supreme Court remanded this matter to the trial court for an evidentiary hearing on the issue of whether petition informed counsel within the time period allowed for filing a notice of appeal that he desired to appeal. The Supreme Court denied the motion for belated appeal after accepting the trial court’s findings that Petitioner did not articulate a desire to appeal within the time allowed for counsel to file a timely notice of appeal. View "Lyons v. State" on Justia Law