State v. Nichols

The narrow issue before us is whether a delayed appeal pursuant to App. R. 5(A) is available in a proceeding for postconviction relief. For the reasons set forth below we find no basis for such delayed appeal.

It is important to note that Nichols’ latest constitutional claims which ultimately resulted in the federal magistrate’s recommendation to grant the writ of habeas corpus were not presented to either the trial court or the court of appeals. Accordingly we will confine ourselves to the procedural question presented and make no attempt, in the interests of comity and federalism, to review…