State ex rel. T.L.M. v. Judges of the First Dist. Court of Appeals

by
T.L.M. appealed the judgments in his three cases. The court of appeals granted a limited remand of the three cases for the juvenile court to rule on the recalculation of credit on his sentence. The juvenile court subsequently awarded T.L.M. additional credit for time served. The State filed a notice of appeal of each of T.L.M.’s cases in the juvenile court, which were dismissed for a procedural defect. The State then filed a second set of notices of appeal with accompanying motions for leave to appeal, but the motions were filed after the deadline for such an appeal had passed. T.L.M. moved to dismiss the appeals for lack of jurisdiction. The court of appeals denied the motions and granted the State’s motions for leave to appeal. T.L.M. requested a peremptory writ to hold in abeyance the appellate court proceedings and prohibit the court of appeals from hearing the appeals. The Supreme Court granted the writ, holding that the court of appeals never obtained jurisdiction to decide whether the State could appeal because the State did not file its motions in the court of appeals before the deadline. View "State ex rel. T.L.M. v. Judges of the First Dist. Court of Appeals" on Justia Law