Manning v. Wainwright

Manning petitioned this court for issuance of a Writ of Habeas Corpus to obtain a belated appeal after failure to timely file a notice of appeal following his conviction of a criminal offense. We issued a rule to show cause, and based on the Response, there appears to be a factual dispute in this case concerning whether or not the petitioner requested his attorney to file an appeal on his behalf following his conviction, and whether the attorney agreed to perfect the appeal.

Therefore, we remand this case to the trial court for an evidentiary hearing on whether the failure to file a timely…