Harris v. State

¶1concurring.

¶2As the majority properly notes, we are unable to address the merits of the habeas court’s order denying Harris’s habeas petition because Harris has never sought to appeal that order. However, in Hicks v. Scott,4this Court ruled that a habeas petitioner’s application for certificate of probable cause will not be dismissed as untimely if the habeas court does not explicitly inform the petitioner of the appropriate procedure to appeal that order. In this case, the habeas court indisputably failed to inform Harris of the appropriate appellate procedure. Under the rule enunciated in Hicks, therefore, Harris may still file a notice of appeal in the habeas court and an application for certificate of probable cause in this Court.