Burton v. State

On Rehearing

Landis, J.

Appellant has filed petition for rehearing contending this Court’s opinion erred in following its recent decision in Barker v. State (1963), 244 Ind. 267, 191 N. E. 2d 9, and in holding that if a long or unusual delay occurs before the filing of a coram nobis petition, the petitioner should give a valid and reasonable excuse for the delay stating when and how the cause was first discovered, the facts constituting the cause, and why the cause could not have been discovered previously by the exercise of due diligence.

In our earlier opinion in this case we further pointed…