State v. Carter

In 1986, Defendant was convicted of first degree murder and use of a firearm in the commission of a felony. Defendant was sentenced to life imprisonment for the murder. Defendant subsequently made numerous attempts to collaterally attack his convictions. The district court denied relief in each case, and the Supreme Court affirmed. These two appeals arose from Defendant’s fifth postconviction proceeding and were consolidated on appeal. The district court summarily overruled Defendant’s postconviction motion and denied Defendant’s application to proceed in forma pauperis (IFP). The Supreme Court (1) affirmed the order denying leave to proceed IFP, as Defendant’s second appeal lacked merit; but (2) held the first appeal under submission, as the statute permits Defendant, when he makes timely payment of the statutory docket fee, to proceed with the first appeal. View "State v. Carter" on Justia Law