State v. Garner

OPINION AND ORDER

¶1 Russell Garner (Garner) has filed with this Court his motion to take an “out-of-time” appeal from an order issued by the Eighth Judicial District Court, Cascade County, denying his petition for post-conviction relief. We deny Garner’s motion and, in so doing, address the following issues:

1. Did the District Court err in finding that Garner’s counsel effectively advised him of his rights to appeal the order denying his petition for post-conviction relief?

2. Should the notice of entry of judgment requirement, under Rule 77(d), M.R.Civ.P., be applied to post-conviction relief…