Chawknee P. Caruthers v. State of Indiana

CRONE, Judge.

Statement of the Case

[1] Chawknee P. Caruthers appeals the posteonvietion court’s summary dismissal of his petition for postconviction relief (“PCR”). Caruthers argues that the postconviction court erred when it summarily dismissed his PCR petition for failure to prosecute without first holding a hearing. We agree that pursuant to Indiana Trial Rule 41(E), the trial court was required to hold a hearing before dismissing his petition. Therefore, we reverse the dismissal of Caruthers’s PCR petition and remand for further proceedings.

Facts and Procedural History

[2] On August 1,…