Miller v. State, 29526
| Court | Indiana Supreme Court |
| Writing for the Court | PER CURIAM |
| Citation | Miller v. State, 142 N.E.2d 432, 236 Ind. 704 (Ind. 1957) |
| Decision Date | 27 May 1957 |
| Docket Number | No. 29526,29526 |
| Parties | Willie MILLER, Petitioner, v. The STATE of Indiana, Respondent. |
Willie Miller, pro se.
Edwin K. Steers, Atty. Gen., of Indiana, Robert M. O'Mahoney, Deputy Atty. Gen., for appellee.
The rule is now well established that a petition for a belated appeal must not only show cause for the delay but '* * * there must be a * * * prima facie showing made of merit to the appeal.' Ewbanks Indiana Criminal Law, § 541, p. 351, and cases cited.
Petitioner states as a conclusion 'that there is a prima facie showing made of merits,' but fails completely to state any facts by which the merit of such appeal might be ascertained.
The petition is therefore dismissed.
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2 cases
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Sutton v. Lash
... ... Sutton, Petitioners-Appellees, ... Russell E. LASH, Warden, Indiana State Prison, Respondent-Appellant ... No. 77-1852 ... United States Court of Appeals, ... Seventh ... ...
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Sutton v. State
...state a prima facie case showing merit in the proposed appeal. Kirkland v. State, 1956, 235 Ind. 450, 452, 134 N.E.2d 223; Miller v. State, Ind.1957, 142 N.E.2d 432; Enlow, Parker v. State, 1956, 235 Ind. 697, 131 N.E.2d The petition fails to show in what manner the verdict of the jury is c......