Griffin v. State

By Petition for Writ of Habeas Corpus, prisoner Kenny Griffin claims ineffective assistance of appellate counsel. Arguing the petition was untimely filed, the State maintains that Griffin is not entitled to consideration of his claim.1 Griffin’s sworn word attached to his petition is that he timely sent the petition. In establishing that a prisoner is entitled to the benefits of the “mailbox rule,” under which a petition or notice of appeal filed by a pro se inmate is deemed filed at moment when inmate loses control over document by entrusting its further delivery or processing to agents of…