Conwill v. State

MAXWELL, J.,

for the Court:

¶ 1. To prove the right to an out-of-time appeal, the first thing a movant must show is that “he asked his attorney to appeal within the time allowed for giving notice of an appeal.” 1 In Andrew Conwill’s case, the time allowed for giving notice of an *1081appeal of his burglary conviction was within thirty days of the imposition of his sentence in June 2008.2 In Conwill’s motion for post-conviction relief (PCR), in which he sought an out-of-time appeal, Conwill did not claim that he asked his attorneys to perfect an appeal within this time. Instead, the record shows…