Deyton v. Davenport

Nichols, Justice.

The state appeals an order of the habeas court granting Martha Davenport a new trial.

She was convicted of aggravated assault committed upon Harold Davenport, her former husband, and her motion for new trial was denied. Her appeal was docketed in the Court of Appeals but her former attorney failed to file an enumeration of errors and a brief in response to an order of the Court of Appeals directing those filings, as a result of which the Court of Appeals dismissed her appeal and denied her motions to reinstate the appeal and for an out of time appeal.

The habeas court found and…