Russell v. State, 49S00-8601-CR-6
| Decision Date | 24 July 1987 |
| Docket Number | No. 49S00-8601-CR-6,49S00-8601-CR-6 |
| Citation | 510 N.E.2d 1339 |
| Parties | Jimmie RUSSELL, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Susan K. Carpenter, Public Defender, Novella L. Nedeff, Deputy Public Defender, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.
This is an appeal raising one issue, the propriety of the summary denial of appellant's pro se petition for post-conviction relief.
Appellant was convicted of voluntary manslaughter and sentenced to twenty years imprisonment on October 5, 1979. This court affirmed that conviction on direct appeal. Russell v. State (1981), Ind., 419 N.E.2d 973. On July 17, 1985, appellant filed a pro se petition for post-conviction relief. The petition did not raise suitable grounds for relief. That petition was received by the public defender's office on July 18, 1985. The State filed a motion for summary disposition on August 7, 1985, asserting that there was no genuine issue of material fact raised by the petition. The trial court granted the State's motion and summarily denied appellant's petition for post-conviction relief on August 8, 1985. The public defender's office received the trial court's ruling on August 12, 1985, and a copy of the State's motion for summary dismissal on August 13, 1985. Appellant urges that the trial court's summary dismissal of his pro se petition for post-conviction relief three weeks after filing served to effectively deny him his right to consult with counsel and to amend his pro se petition. We agree that the period between the filing of the petition and its dismissal (22 days) was insufficient to permit counsel to prepare and comply with the post-conviction rules.
In Bailey v. State (1983), Ind, 447 N.E.2d 1088 the court addressed this issue when faced with a petition which had been summarily dismissed 28 days following filing.
...
To continue reading
Request your trial
-
Joseph v. State
...prevents the fulfillment of the mission assigned to the post-conviction rules and, accordingly, constitutes error. Russell v. State (1987), Ind., 510 N.E.2d 1339 (error to dismiss petition summarily 21 days after petition's receipt in public defender's office). See also Bailey v. State (198......
-
Gann v. State
...one day after it was filed precluded any meaningful assistance of counsel and warrants reversal and remand. See Russell v. State (1987), Ind., 510 N.E.2d 1339, 1340; Jordan v. State (1987), Ind.App., 512 N.E.2d 236, Also, we reverse because the court failed to make specific findings of fact......
-
Clay v. State, 46A03-8810-PC-317
...to confer with counsel and the trial court has not preceded its denial with the issuance of an order to show cause. See Russell v. State (1987), Ind., 510 N.E.2d 1339; Colvin v. State (1986), Ind.App., 501 N.E.2d 1149; Stoner v. State (1987), Ind.App., 506 N.E.2d 837. In a dissenting opinio......