Legal Opinion

Matthews v. State

Court of Special Appeals of Maryland

Decided February 24, 2005No. 2321PublishedCited by 10 opinions

1Opinion of the CourtDavis, J.

In Garrison v. State, 350 Md. 128, 139, 711 A.2d 170 (1998), the Court of Appeals said:

As a matter of Maryland case law, a defendant in a criminal case denied his right to a desired appeal through no fault of his own, and who has been diligent in attempting to assert his appeal rights, is entitled to a belated appeal, without the necessity of presenting any other evidence of prejudice.

The question presented in this appeal is whether a defendant in a criminal case denied his right to a desired motion for modification of sentence through no fault of his own is entitled to file a belated motion…

2Cases cited5 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Gross v. StateCourt of Appeals of Maryland · 2002
  3. State v. FlansburgCourt of Appeals of Maryland · 1997
  4. Garrison v. StateCourt of Appeals of Maryland · 1998
  5. Flansburg v. StateCourt of Special Appeals of Maryland · 1995

3Cited by10 opinions

  1. Franklin v. StateCourt of Appeals of Maryland · 2020
  2. Rich v. StateCourt of Special Appeals of Maryland · 2016
  3. Moultrie v. StateCourt of Special Appeals of Maryland · 2019
  4. State v. DayCourt of Appeals of Maryland · 2020
  5. Butler v. StateCourt of Special Appeals of Maryland · 2022

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