Flowers v. Weber
Annotate this CaseShannon Flowers filed an application for writ of habeas corpus, which the trial court denied. More than thirty days after the circuit court’s denial, Flowers filed a motion for issuance of certificate of probable cause. In spite of the untimeliness of his motion, the circuit court granted Flowers’s motion and certified an issue for appeal. The Supreme Court dismissed Flowers’s appeal, holding (1) Flowers’s motion for issuance of certificate of probable cause was late, and therefore, jurisdictionally defective; and (2) because the circuit court lacked jurisdiction, the Court also lacked jurisdiction to consider the issue certified on appeal.
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