Where a defendant challenged the denial of his post-conviction relief motion as untimely, the motion court was required to give appointed counsel the opportunity to file the amended motion to assert any additional facts including that the pro se motion ...

Tagged with: Post-Conviction Relief timeliness

Where a defendant challenged the denial of post-conviction relief, the amended motion filed by post-conviction counsel was untimely, so the court clearly erred in failing to conduct an abandonment inquiry. Judgment is reversed and remanded. McAllister v. State (MLW No. ...

Tagged with: Abandonment Post-Conviction Relief timeliness

Where a defendant challenged the denial of his motion to withdraw his guilty plea, arguing that he was misled or induced to plead guilty, the challenge was to the voluntariness of his plea and was time-barred. Appeal is dismissed. State ...

Tagged with: Guilty Plea Motion To Withdraw timeliness

Where a motion court overruled defendant’s pro se motion for post-conviction relief on the merits, the defendant failed to allege any facts showing that his motion was timely or that the untimely filing fell into a recognized exception, so the ...

Tagged with: Post-Conviction Relief Pro Se Motion timeliness

Where a petitioner from Mexico sought review of an order denying his motion to remand in which he argued that the immigration judge lacked statutory authority to enter an order of removal in absentia, the motion was untimely and the ...

Tagged with: Removal timeliness

Where the government brought an action to reduce tax assessments to judgment and enforce liens, and appellants challenged the district court’s entry of an order of sale, the notice of appeal was untimely as to certain orders, and the challenge ...

Tagged with: mootness Notice Of Appeal timeliness

Petitioner, a citizen of The Gambia, petitioned for review of the denial of her motion to reconsider, reopen and terminate her removal proceedings Where petitioner’s motion was untimely and numerically barred and foreclosed by legal precedent, the Board of Immigration ...

Tagged with: Reconsideration Removal Proceedings timeliness

Where a defendant moved to correct his sentence based on a decision that declared the residual clause of the Armed Career Criminal Act unconstitutional, the motion was untimely, so the judgment is affirmed. Judgment is affirmed. Warren v. U.S. (MLW ...

Tagged with: Motion to Correct Sentence timeliness

Where a defendant challenged the denial of his motion for post-conviction relief without an evidentiary hearing, the pro se motion was untimely, so the judgment is vacated and remanded with directions to dismiss the motion. Vacated. Gatling v. State (MLW ...

Tagged with: Post-Conviction Relief Pro Se Motion timeliness

Where a defendant challenged the denial of his motion for post-conviction relief without an evidentiary hearing, the pro se motion was untimely, so the judgment is vacated and remanded with instructions to dismiss. Vacated. Wenzel v. State (MLW No. 74016/Case ...

Tagged with: Post-Conviction Motion timeliness

Where a defendant challenged his sentence based on the U.S. Supreme Court’s decision in Johnson v. United States with the filing of a pro se letter seeking Section 2255 relief, the petition was untimely, and the judgment is affirmed because ...

Tagged with: Habeas Relief timeliness