In re Lovett CA5

BACKGROUND

Petitioner seeks leave to file a belated notice of appeal from his September 10, 2013, conviction for first degree murder with special circumstances. William A. Davis represented petitioner at trial. According to Mr. Davis’ declaration, petitioner reasonably expected Mr. Davis to file a timely notice of appeal. Due to inadvertence, Mr. Davis failed to do so. On July 31, 2014, petitioner filed the instant petition for writ of habeas corpus seeking leave to file a belated notice of appeal and claiming trial counsel was ineffective for failing to call his family as witnesses and advising petitioner not to testify. On September 29, 2014, this court issued an order granting the Attorney General leave to file a response. On December 11, 2014, the Attorney General filed an informal response informing this court that it does not oppose petitioner’s request to file a belated notice of appeal. The Attorney General, however, claimed petitioner failed to show a prima facie case for relief on the ground counsel was ineffective for failing to call his family as witnesses and advising petitioner not to testify. A notice of appeal must be filed within 60 days of the date of the…