State v. Halliwell

James M. Porter, Administrative Judge.

This appeal is before the court on the accelerated docket pursuant to App.R. 11.1 and LocApp.R. 11.1.

Defendant-appellant, Joseph Halliwell, appeals from the trial court’s order granting the state’s motion to dismiss and denying defendant’s petition for post-conviction relief without a hearing as untimely filed. For the reasons hereinafter stated, we find no merit to the appeal and affirm.

On June 13, 1995, Orange Village police responded to a call from the residence of Fay Drusinsky, the victim, at 114 Stonebrooke in Orange Village. Police found the…