Marek v. State (Majority)
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In this criminal case, the Supreme Court held that Defendant was entitled to proceed with a belated appeal and that Defendant was indigent.
Defendant was convicted of aggravated assault on a family member and was sentenced to 120 months' imprisonment. Due to conflicts between the allegations set forth in Defendant's motion for belated appeal and the affidavit filed by his trial counsel, the circuit court remanded the case for findings of fact with regard to whether Defendant had waived his right to an appeal and whether he was entitled to proceed as a pauper. After reviewing the record on remand the Supreme Court granted the motion for belated appeal and granted in forma pauperis status, holding that Defendant was entitled to proceed with a belated appeal and that he was indigent.
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