Moore v. State

Blackburn, Judge.

After pleading guilty to manslaughter, David Timothy Moore waited 20 years before asking the trial court for leave to file an out-of-time appeal. Finding that Moore’s failure to file a timely appeal was due to his own actions, the court denied the motion for out-of-time appeal, which denial Moore has appealed in the present case. We hold that because some evidence supported the trial court’s finding, and because in any case Moore failed to show ineffective assistance of counsel let alone manifest injustice, we must affirm.

Construed in favor of the trial court’s findings, the…