I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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Is “I was depressed and not paying attention” enough to get an out of time appeal? When you had counsel?!

Reading the Daily Journal, I learn that David Chancller, the former Panola County Administrator, after pleading guilty to fraud involving county garbage collections and paying himself for work not done, became a cooperating witness in another federal case.  He was sentenced on his guilty plea, and, after failing to file a timely notice of appeal on his sentence, now comes to court and, through counsel (the same lawyer who represented him throughout), says, “Well, I was told about my right to appeal, but I was asleep at the switch because of depression and didn’t tell my lawyer to appeal until a day or two after the time for appeal had run.”

The same lawyer who represented him at plea and sentencing filed the motion for an out-of-time appeal, which (at least to me) suggests a real problem.

But what do I know?

Here’s the motion.  I’m curious what others think.

 

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