Hallum v. KentuckyAnnotate this Case
While incarcerated in different penal systems, Appellants Joe Jones and Michael Hallum each filed RCr 11.42 motions for post-conviction relief. Following denial of these motions by the trial court, each Appellant filed a notice of appeal along with a motion to proceed in forma pauperis. The appellate court dismissed both appeals due to each Appellant's respective failure to file the motion within the mandatory 30-day time period. Appellant Joe Jones placed his notice and motion in the prison mail system three days prior to the deadline; the motion was not filed nor the notice marked tendered until a day after the deadline. Appellant Michael Hallum placed his notice and motion in the prison mail system three days prior to the deadline; the motion was filed and notice marked tendered eight days after the deadline. The Supreme Court granted discretionary review, consolidated Appellants' cases and reversed the appellate courts' decisions. State law codifies a "prison mailbox rule" in RCr 12.04(5): if an inmate files a notice of appeal in a criminal case, the notice shall be considered filed if its envelope is officially marked as having been deposited in the institution's internal mail system on or before the last day for filing. RCr 12.04(5) was not in effect at the time Jones or Hallum delivered their motions to prison officials. The Supreme Court in its reversal of the appellate courts' decisions retroactively applied the prison mailbox rule, and remanded the cases to the trial courts for further proceedings.