Rule 6.428. Restoration of Appellate Rights.

A defendant may file a motion to restore appellate rights as provided in this rule. If the defendant, whether convicted by plea or at trial, was denied the right to appellate review or the appointment of appellate counsel due to errors by the defendant’s prior attorney or the court, or other factors outside the defendant’s control, the trial court shall issue an order restarting the time in which to file an appeal or request counsel.

(A) A motion premised on the defendant being denied the right to appellate review must be filed within a reasonable time after the trial court entered the final judgment or order that the defendant sought to appeal or, if applicable, within a reasonable time after the date on which the defendant’s claim of appeal was dismissed. For purposes of this subrule, a motion filed within 2 years after the trial court entered the final judgment or order that the defendant sought to appeal or a motion filed within 1 year after the date on which the defendant’s claim of appeal was dismissed is presumed reasonable.

(B) A motion premised on the defendant being denied the appointment of appellate counsel must be filed within a reasonable time after being denied the appointment of appellate counsel. For purposes of this paragraph, a motion filed within 2 years of the date an order denying appointment of counsel was entered is presumed reasonable.

(C) A motion under this rule will not be considered if it alleges grounds for relief which were resolved against that defendant in a prior proceeding or appeal.

(D) A defendant filing an appeal after receiving an order issued under this subrule must provide the Court of Appeals with a copy of the order when filing the appeal with the claim of appeal or application for leave to appeal. The Court of Appeals can excuse this requirement for good cause.

(E) In determining a “reasonable time” under this rule, the court must consider whether factors existed outside the defendant’s control that contributed to the delay in filing a motion under this rule.