STATE OF TENNESSEE v. JOHNNY DEWAYNE BOYD (2023)

ORDER

In Johnny Dewayne Boyd's appeal to the Court of Criminal Appeals, the Court of Criminal Appeals did not address the merits of the case because it determined that Mr. Boyd had not timely filed a motion for a new trial. The deficiencies went unaddressed by the parties, and the Court dismissed the appeal sua sponte. After the application for permission to appeal was filed, however, the trial court supplemented the record on appeal with an order and an affidavit from the Giles County Clerk indicating that the clerk's office was closed on the day the motion for new trial was due to be filed, February 19, 2021, due to inclement weather. February 19, 2021 was a Friday; thus the motion for new trial, filed on Monday, February 22, 2021, was timely filed.

Upon consideration of the application for permission to appeal of Johnny Dewayne Boyd and the record before us, because the record now reflects that the motion for new trial was timely filed, the application is granted for the purpose of remanding the case to the Court of Criminal Appeals for consideration of the issues raised on direct appeal to that court.

PER CURIAM