Cooper v. State

I agree with the majority that Lugar v. State ex rel. Lee, 270 Ind. 45, 383 N.E.2d 287 (1978), stands for the proposition that we have the inherent authority to entertain appeals that are proeedurally time-barred. However, I believe that we need not invoke this power, which is exercisable only in “rare and exceptional circumstances,” under the facts of this case. Id. at 289 (quotation omitted). Instead, we should decide the merits of Cooper’s appeal pursuant to Indiana Post-Conviction Rule 2.

Indiana Post-Conviction Rule 2 provides that

[a]n eligible defendant convicted after a trial or plea of…