Garner v. State

Eugene Garner, Jr. pleaded guilty to murder in the first degree in 1986 and was sentenced to forty years imprisonment. In 1987 he filed a pro se petition pursuant to Criminal Procedure Rule 37 seeking to vacate the plea. The circuit court denied relief in an order entered May 21,1987 from which no appeal was taken. Movant now requests permission to proceed with a belated appeal.

This court will grant a belated appeal from an order denying a petition for postconviction relief if the movant shows good cause for the failure to file a notice of appeal within thirty days of the date the order was…