Narrative Opinion Summary
The case involves two separate legal proceedings. In the first matter, the appellant, convicted of murder and sentenced to ninety-nine years with a $10,000 fine, filed a notice of appeal past the deadline established by the court rules. The original notice was due by June 24, 2002, or August 22, 2002, if a motion for a new trial was submitted, which was not done. The notice of appeal filed on August 2, 2002, was thus considered untimely. Additionally, the appellant's motion to extend time, filed on August 6, 2002, fell outside the permissible fifteen-day extension period. As a result, the court dismissed the appeal for lack of jurisdiction. In the second matter, the petitioner sought a writ of mandamus to compel a trial court clerk and a deputy clerk to file his notices of appeal in a civil lawsuit. However, the court denied the petition due to a lack of jurisdiction, as it could not grant relief against individuals not within its mandamus authority. Consequently, both the appeal and the petition for writ of mandamus were dismissed or denied, respectively.
Legal Issues Addressed
Jurisdiction and Extension of Time for Appealsubscribe to see similar legal issues
Application: The court dismissed the appeal due to lack of jurisdiction as the notice of appeal and motion to extend time were both filed beyond the fifteen-day grace period permitted for extensions.
Reasoning: Goodwin filed a motion to extend time on August 6, 2002, but both submissions were outside the fifteen-day window.
Mandamus Relief and Jurisdictionsubscribe to see similar legal issues
Application: The court denied the petition for writ of mandamus due to lack of jurisdiction over the parties involved in the request, as no relief could be granted against individuals outside its mandamus authority.
Reasoning: The court reviews his petition but finds it lacks jurisdiction to grant relief as no request is made against individuals within its mandamus authority.
Timeliness of Notice of Appealsubscribe to see similar legal issues
Application: The appellant's notice of appeal was filed outside the permissible time frame, rendering the appeal untimely and leading to a lack of jurisdiction.
Reasoning: Goodwin filed his notice of appeal on August 2, 2002, without filing a motion for new trial, rendering his notice untimely.