Legal Opinion

Mayer v. State

Court of Appeals of Arizona

Decided December 5, 1995No. 1 CA-CV 94-0325PublishedCited by 32 opinions

1Opinion of the Court

OPINION

TOCI, Judge.

Lawrence Mayer (“plaintiff’) appeals from the dismissal of his complaint for special action against various employees of the Arizona Department of Corrections (“ADOC”). ADOC contends that plaintiff has not timely filed his appeal and that we have no jurisdiction to hear it. Plaintiff argues that he delivered his notice of appeal to prison authorities for mailing before the time to appeal expired and, consequently, the notice of appeal was timely filed. We hold that a pro se prisoner who delivers his notice of appeal to prison officials for mailing has “filed” his notice…

2Cases cited7 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Barassi v. MatisonArizona Supreme Court · 1981
  3. Roosevelt Miller v. George Sumner, Director, Nevada Department of Prisons State Attorney General of NevadaCourt of Appeals for the Ninth Circuit · 1989
  4. Kenneth G. Thompson, Jr. v. Robert E. MontgomeryCourt of Appeals for the Fifth Circuit · 1988
  5. Butler Products Co., Inc. v. RoushCourt of Appeals of Arizona · 1984

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3Cited by32 opinions

  1. Oloth Insyxiengmay v. Richard MorganCourt of Appeals for the Ninth Circuit · 2005
  2. Silverbrand v. County of Los AngelesCalifornia Supreme Court · 2009
  3. Massaline v. WilliamsSupreme Court of Georgia · 2001
  4. In Re CarlstadWashington Supreme Court · 2003
  5. Setala v. J.C. Penney Co.Hawaii Supreme Court · 2002

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