Mitchael v. State
Annotate this CaseAppellant Rodney Mitchael was convicted of rape and first-degree terroristic threatening. The court of appeals affirmed. Nearly five years after the date of his conviction, Appellant filed a petition to vacate and/or set aside the judgment, which he based on Act 1780. The circuit court denied the petition. Appellant subsequently filed a motion for extension of time to lodge the record on appeal, and then tendered to the Supreme Court a petition for writ of mandamus seeking a ruling by the circuit court on the motion for extension of time. The Supreme Court treated the motion as one for rule on clerk and then denied the motion and the petition for writ of mandamus, holding that the portion of Appellant's petition seeking DNA testing under Act 1780 was untimely, and none of the other claims Appellant raised in the petition were grounds for relief under Act 1780.
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