Parker v. Gladden

The petitioner seeks post-conviction relief. He was convicted of second-degree murder in 1961 and his conviction was affirmed upon appeal by this court. In his petition for post-conviction relief he alleges misconduct upon the part of the jury and bailiff. A hear ing was had and the post-eonviction trial court found misconduct, that such misconduct was prejudicial, and ordered a new trial. The warden appeals.

The post-conviction statute (OES 138.550(2)) provides :

“When the petitioner sought and obtained direct appellate review of his conviction and sentence, no ground for relief may be…