Ewing v. Denney

CYNTHIA L. MARTIN, Judge.

David D. Ewing (“Ewing”) petitions for writ of habeas corpus. Ewing claims that he is being illegally restrained of his liberty by Larry Denney, Superintendent of the Crossroads Correctional Center (“Respondent”) because his trial counsel failed to perfect the filing of a timely notice of appeal and failed to inform Ewing that his appeal had been dismissed until it was too late to seek leave to file an appeal out of time. Ewing does not seek discharge from incarceration, but instead seeks to be re-sentenced so that a timely notice of appeal can be filed. Respondent…