Simuel v. State

Demarcus Simuel (Petitioner) was convicted of possession with intent to distribute crack cocaine. A jury found Petitioner guilty and sentenced him to twelve years in prison. No direct appeal was taken. Petitioner filed an application for post-conviction relief (PCR) seeking a belated direct appeal and was denied. This Court granted a writ of certiorari from the denial of Petitioner’s request.

Facts/Procedural History

At the PCR hearing, Petitioner testified he discussed an appeal with his attorney after the trial. Petitioner claimed he asked his attorney to appeal, and that his attorney stated…