Richard Chapman v. State of Mississippi

KITCHENS, PRESIDING JUSTICE, DISSENTING:

¶ 171. I respectfully dissent. Neither Chapman nor the State has raised the circuit court's grant of an out-of-time appeal as an issue. I would not disturb the circuit court's finding that Chapman is entitled to an out-of-time appeal. The same analysis the majority employs to reverse the circuit court's grant of an out-of-time appeal was considered and rejected by this Court in Chapman v. State , 167 So.3d 1170 (Miss. 2015) ( Chapman IV ). We held that Chapman's claim that his trial counsel was ineffective for neglecting to file an appeal was not time…