Narrative Opinion Summary
The appellant submitted an untimely appeal regarding the court of appeals’ decision that upheld the denial of the appellant's petition for post-conviction relief, along with a motion for a delayed appeal. This situation pertains to a civil post-conviction matter rather than a felony case, which is significant as it means the delayed appeal provisions in S.Ct. Prac.R. II(2)(A)(4) are not applicable. Consequently, the court has ordered, on its own initiative, that the motion for delayed appeal is stricken. Furthermore, due to the appellant's failure to perfect the appeal according to S.Ct. Prac.R. II(2)(A)(1), the case is dismissed for lack of jurisdiction.
Legal Issues Addressed
Applicability of Delayed Appeal Provisionssubscribe to see similar legal issues
Application: The court determined that the delayed appeal provisions do not apply to civil post-conviction matters, leading to the striking of the appellant's motion.
Reasoning: This situation pertains to a civil post-conviction matter rather than a felony case, which is significant as it means the delayed appeal provisions in S.Ct. Prac.R. II(2)(A)(4) are not applicable.
Jurisdictional Requirements for Appealssubscribe to see similar legal issues
Application: The case was dismissed due to the appellant's failure to meet jurisdictional requirements for filing an appeal.
Reasoning: Furthermore, due to the appellant's failure to perfect the appeal according to S.Ct. Prac.R. II(2)(A)(1), the case is dismissed for lack of jurisdiction.
Timeliness of Appeals in Post-Conviction Matterssubscribe to see similar legal issues
Application: The appellant's appeal was dismissed because it was submitted untimely, which is crucial in determining the court's ability to hear the case.
Reasoning: The appellant submitted an untimely appeal regarding the court of appeals’ decision that upheld the denial of the appellant's petition for post-conviction relief.