Adair v. State

We deny this petition seeking a belated appeal of the trial court’s May 22, 2008 order denying petitioner, Donald Adair’s motion for postconviction relief. In his petition, Adair alleged under oath that he did not receive the trial court’s order within the time for filing a notice of appeal. The State was ordered to show cause as to why the petition should not be granted. In its response, the State provided a copy of the prison mail log, which showed that Adair received legal mail from the judge on May 29, 2008. We thereafter ordered the circuit court to appoint a commissioner to determine…