Opinion
No. 129644.
January 27, 2006.
Leave to Appeal Denied.
SC: 129644, COA: 260553.
The defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
I would remand to allow defendant his appeal as of right. Defendant lost that right because of the late filing of his petition. He alleges prison officials caused the late filing by delaying the mailing of his petition. This is another case that cries out for the Supreme Court to take action to adopt a prison mailbox rule in Michigan.