Winston v. State

Appellant was convicted of armed robbery. His conviction was affirmed by this Court in Winston v. State, (1975) 263 Ind. 8, 323 N.E.2d 228. Appellant filed a petition for post-conviction relief alleging denial of his constitutional rights under the Fourth and Sixth Amendments to the United States Constitution. The trial court denied the petition without a hearing on the ground that the issues raised had been determined by the Supreme Court of Indiana in the prior appeal.

Appellant’s sole contention is that the trial court erred in denying the petition without conducting a hearing. PC 1, Sec.…