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Mayer V. State

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eBook details

  • Title: Mayer V. State
  • Author : Arizona Court of Appeals
  • Release Date : January 05, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

Lawrence Mayer ("plaintiff") appeals from the dismissal of his complaint for special action against various employees of the Arizona Department of Corrections ("ADOC"). ADOC contends that plaintiff has not timely filed his appeal and that we have no jurisdiction to hear it. Plaintiff argues that he delivered his notice of appeal to prison authorities for mailing before the time to appeal expired and, consequently, the notice of appeal was timely filed. We hold that a pro se prisoner who delivers his notice of appeal to prison officials for mailing has "filed" his notice upon such delivery. Because we lack sufficient evidence to determine when delivery occurred in this case, we remand for a determination of timeliness.


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