Gallagher v. State

HUNTER, Justice.

The petitioner, James M. Gallagher, is before this Court appealing from the denial of his petition for relief under Post-Conviction Relief, Rule 1. We also have before us his Petition for Permission to File Belated Appeal under‘Post-Conviction Relief, Rule 2 § 2. Since the issues raised in both petitions are essentially the same, we now consolidate the two causes and will consider all the issues as being raised in the Post-Conviction Relief, Rule 1 petition. We must first consider the question of petitioner’s diligence in taking an appeal before we consider the merits of his…