Kirk v. State

BAKER, Judge.

Today we decide whether a successive petition for post-conviction relief may be summarily dismissed when the State's answer is untimely. We also reiterate the consequence of failing to raise all available grounds for relief in an original petition for post-convietion relief.

Appellant-petitioner Leonard Kirk appeals the denial of his successive petition for post-conviction relief, Kirk contends that the post-conviction court improperly summarily denied his successive petition because (1) the State's answer was not timely, and (2) he asserted bases for establishing that his guilty…