State v. Carney

WILLIAMS, Judge.

In February 1988, defendant, James Arthur Carney, was convicted of the second degree murder of his ten-week-old daughter and sentenced to life imprisonment without benefit of parole, probation or suspension of sentence. On November 21,1983, defendant, appearing pro se, filed a motion requesting an out-of-time appeal alleging that his counsel failed to appeal his conviction and sentence. At the conclusion of the February 23, 1984 evidentiary hearing on defendant’s request for an out-of-time appeal, the trial court orally denied his motion. A written ruling was not filed until…