Albert v. State

Don Willard Albert was found guilty in the District Court of Carbon County, Wyoming, on November 30, 1955, of the crimes of second degree murder and sodomy. After more than 12 years, on February 12, 1968, defendant made application for post-conviction relief under the provisions of §§ 7-408.1 to 7-408.8, W.S. 1957, 1969 Cum. Supp.

It must be observed at the outset, the proceeding we are called upon to review is not an appeal from the judgment of conviction against the defendant. Time for such an appeal expired many years before the initiation of defendant’s petition for post-conviction relief.

A…