Johnson v. State

CARLTON, J., for the Court:

¶ 1. Following the Madison County Circuit Court’s denial of his motion for post-conviction relief (PCR), Joseph L. Johnson filed a motion for permission to proceed out of time with his appeal.1 The circuit court dismissed the motion. The record reflects that Johnson’s appeal was untimely, and upon review, we find no abuse of discretion in the circuit court’s dismissal of Johnson’s motion for permission to proceed with an out-of-time appeal.2 We therefore affirm the circuit court’s ruling.

FACTS

¶ 2. On June 11, 2008, a Madison County grand jury indicted Johnson for…