Brandon v. State

In July, 1967, following a trial by jury, appellant was convicted of second degree murder. He was sentenced to life imprisonment. In January, 1973, pursuant to Post Conviction Remedy Rule 2, § 1, appellant filed a petition for permission to file a belated motion to correct error. That petition was denied in September, 1973, and this is an appeal from that decision.

Ind. R. P.C. 2, § 1, is available to “any defendant convicted after a trial or plea of guilty,” whether he was convicted before or after the adoption of the Rule. The right to the benefit of a newly-adopted post conviction remedy is…