Gaye v. State

The Supreme Court dismissed Appellant’s appeal from the trial court’s denial of his pro se petition for permission to proceed with a belated appeal, which rendered moot Appellant’s motion for extension of time to file his brief, holding that it was clear from the record that Appellant could not prevail on appeal.Appellant pleaded guilty to rape, residential burglary, and kidnapping. Appellant filed this petition for permission to file belated appeal of the trial court’s denial of his motion for writ of error coram nobis, arguing that his failure to file a timely notice of appeal was the fault of the circuit clerk because the clerk failed promptly to mail him a copy of the order. The trial court denied the petition, stating that there is no statutory requirement that the circuit clerk promptly forward a denial order to a defendant on the denial of a petition for writ of error coram nobis. View "Gaye v. State" on Justia Law