Garner v. State (Per Curiam)Annotate this Case
Appellant Frank Garner was found guilty by a jury of kidnapping and rape. Appellant subsequently filed in the circuit court in which he was convicted a petition for writ of habeas corpus. The circuit court denied the petition after finding that Appellant had failed to rebut the presumption against timeliness. Appellant appealed and filed a motion for extension of time in which to file his brief-in-chief. The Supreme Court dismissed the appeal and declared the motion moot, holding that the circuit court's denial of Appellant's original petition for writ of habeas corpus based on Apellant's failure to rebut the presumption against timeliness was not clearly erroneous.