Mitchell v. State
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The Supreme Court affirmed the judgment of the Appellate Court dismissing Petitioner's appeal from the trial court's denial of his request for leave to file a late petition for certification to appeal from the court's judgment denying his petition for a new trial, holding that the trial court did not abuse its discretion in concluding that certification to appeal should be denied.
The trial court denied Petitioner's petition on the ground that Petitioner's claims were "meritless and too late." Petitioner appealed, claiming that the trial court improperly considered the merits of the petition rather than the reasons for the delay or other factors relevant to permitting a late filing. The Appellate Court dismissed Petitioner's appeal. The Supreme Court affirmed, holding that the trial court (1) abused its discretion by failing to engage in the proper analysis to determine whether to excuse the late petition for certification; and (2) did not abuse its discretion in determining that the petition failed to raise issues warranting certification.
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