Foster v. State (Per Curiam)
Annotate this CaseAppellant was convicted of first-degree murder and sentenced to life imprisonment. The Supreme Court affirmed. Forty-four months after the judgment of conviction had been entered against him, Appellant filed a petition under Act 1780 of 2001 to vacate or set aside the judgment. The circuit court denied the petition. Appellant appealed and requested an extension of time in which to file his brief-in-chief. The Supreme Court dismissed the appeal and declared the motion for extension of time moot, holding that the decision to deny the requested relief was not clearly erroneous, as (1) Appellant failed to rebut the presumption against timeliness on his request for DNA testing; and (2) none of the other claims that Appellant raised were grounds for relief under Act 1780.
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