Palmer v. State

ON CRIMINAL PETITION TO TRANSFER

GIVAN, Justice.

This is an appeal from the denial of a petition for post-conviction relief. In an opinion published at 553 N.E.2d 1256, the Court of Appeals reversed the trial court’s denial of appellant’s petition for post-conviction relief. We grant transfer and set aside the opinion of the Court of Appeals.

After a trial which ended in a hung jury, appellant was retried and convicted of murder in May of 1980. That conviction was affirmed by this Court in Palmer v. State (1981), Ind., 425 N.E.2d 640. In March of 1984, appellant filed a petition for…