Where a proposed appeal against conviction is hopeless, it is futile to grant an extension of time, and the court need not determine the adequacy of the explanation for delay. An accused is generally bound by counsel's conduct of the trial, including counsel's decision not to raise a mental health defence. A trial judge is not required to investigate fitness to stand trial where the applicant's evidence, though bizarre, is so unworthy of belief that no reasonable judge could conclude it raised a real and substantial question as to fitness.
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