White v. State

Thompson, Justice.

Following a jury trial, White was convicted of voluntary manslaughter and aggravated assault and sentenced to 20 years. His trial counsel filed a motion for new trial which languished for seven years. Apparently unaware that his motion for new trial was still pending, White sought an out-of-time appeal, alleging he was denied his right of appeal due to the ineffectiveness of counsel. The trial court denied an out-of-time appeal without a hearing, and White filed a notice of appeal. The Court of Appeals affirmed, ruling that White demonstrated his failure to appeal was due to…