Kyles v. Pollard
Annotate this CasePetitioner pled guilty to one count of first-degree reckless homicide by use of a dangerous weapon and was sentenced to forty years imprisonment. After the deadline for filing a notice of intent to pursue postconviction relief had passed, Petitioner sought to reinstate the deadline to file a notice of intent through a writ of habeas corpus. The court of appeals denied relief, concluding that Petitioner’s claim was an allegation of ineffective assistance of post-conviction counsel, and therefore, Petitioner should have filed his petition in the circuit court. The Supreme Court reversed, holding (1) the circuit court lacks the authority to extend the deadline to file a notice of intent to pursue postconviction relief, and therefore, the proper forum for Petitioner to bring his petition is in the court of appeals; (2) where such a claim is made to the court of appeals it should be in the form of a habeas petition; and (3) Petitioner’s habeas petition set forth sufficient facts to entitle him to an evidentiary hearing on his ineffective assistance of counsel claims. Remanded.
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