Boggess v. Morris

OAKS, Justice:

The issue in this appeal from the granting of a writ of habeas corpus is whether a convicted felon who has admittedly been denied his constitutional right to appeal his conviction within the time prescribed by law should have his conviction set aside by collateral attack and be released from custody (subject to the state’s right to prosecute him in another trial) or whether there is another, more appropriate, remedy by which he could have a direct appellate review of the alleged errors at his trial.

Defendant Boggess was charged with second-degree murder in the shooting of his…