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Home / Opinions / Courts / Court of Appeals, Western District / Criminal Law: Post-Conviction Relief-Mailbox Rule-Active Interference Exception

Criminal Law: Post-Conviction Relief-Mailbox Rule-Active Interference Exception

Where a defendant challenged the dismissal of her pro se motion for post-conviction relief as untimely, the defendant was denied a critical piece of evidence proving the date on which her motion was mailed because the clerk failed to fulfill a mandatory duty to preserve the envelope in which the motion was mailed as required ...
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