Hendon v. Department of Corrections

PRESIDING JUSTICE HOLDRIDGE, dissenting:

I respectfully dissent. The petitioner maintains on appeal that his petition for habeas corpus should not have been denied without an evidentiary hearing to determine whether he had received notice of the issuance of the mandate of the appellate court denying the appeal of his conviction. I agree and would reverse the trial court and remand for a hearing to determine whether the petitioner or his attorney received notice of the issuance of the appellate court’s mandate.

An unreasonable delay between the pronouncement and imposition of sentence may be a…