Memorandum

To:	Judge Frank M. Eldridge
From:	William L. Martin, III
Subject:	A98A1405 . Dwayne Walls v. The State
Date:	July 23, 1998

Attached please find a letter I received from Mr. C. Jackson Birch, attorney for Mr. Walls in the court in the above referenced matter. Mr. Birch filed a motion for reconsideration which arrived at the LOB Post Office on July 3rd, an official State Holiday. He claims delivery was made on July 6th at 8:15 a.m., or that is the claim of the Post Office. John Daniel of our office did not sign for the MFR until July 7th, which made the motion for reconsideration one day late.

I spoke with Mr. Birch and suggested he file a motion for permission to file a second motion for reconsideration as well as a Notice of Intent. He has filed a second motion for reconsideration, albeit without filing a motion for permission.

If you need to discuss this matter with me, please let me know.

Attachments