Dillon v. State

ON PETITION FOR REHEARING

SHIELDS, Judge.

This cause is before us upon Dillon's petition for rehearing challenging our published decision, Dillon v. State, 479 N.E.2d 610 (Ind.App.1985). In that decision, this court affirmed the post-conviction court's denial of Dillon's petition for post-conviection relief on the basis of laches. Although rehearing is denied, we address one of Dillon's allegations of error.

The post-conviction court determined the State met its burden of demonstrating the prejudice required in a laches claim by its evidence that Dillon's case file had been destroyed.

In his…