Collier v. Commonwealth

I respectfully dissent from so much of the majority opinion as declines to dismiss the appeal.

The majority opinion points out very thoroughly and convincingly- that there is no merit in the arguments advanced on appeal but fails to discuss the failure to dismiss the appeal. The record shows that appellant’s notice of appeal was not filed within the time provided by RCr 12.54. Extension of such time is expressly prohibited. RCr 1.10. The latter rule also provides that the provisions of the Rules of Civil Procedure as to time shall apply to the procedures in the Rules of Criminal Procedure when…