Gregory v. State

PRENTICE, Justice.

This cause is before us upon the petition of Gregory, the Appellant, to transfer it from the Court of Appeals, Fourth District, that court having decided the matter by a decision and opinion published at 456 N.E.2d 1072 (Young, J., dissenting).

The aforesaid decision, holding that a petitioner in a proceeding under Post Con-viection Rule 1 has the burden of disproving laches once the State raises the defense by pleading, contravenes ruling precedent of this Court, i.e. Frazier v. State, (1975) 263 Ind. 614, 335 N.E.2d 623 and Twyman v. State, (1984) Ind., 459 N.E.2d 705.…