Carswell v. State

Nathaniel Carswell seeks a belated appeal of a December 2008 judgment and *100sentence of the circuit court. He alleged in his sworn petition and testified at an evidentiary hearing before a special master that after being sentenced and while still in the county jail awaiting transfer to DOC, he sent a timely letter to his trial counsel requesting an appeal, but one was not initiated. At the evidentiary hearing, trial counsel testified that he did not receive any correspondence from petitioner requesting an appeal. The special master found counsel’s testimony in this regard to be credible, and…