Blair v. State

OPINION

WELLES, Judge.

The Petitioner appeals as of right from the trial court’s dismissal of his petition for post-conviction relief. The Petitioner sought relief alleging that (1) The indictment failed to give fair notice of the charges against the Petitioner, violating his constitutional rights; (2) the jury instructions at trial containing the phrase “moral certainty” were unconstitutional; and (3) the trial court erred in failing to charge a lesser included offense. The trial court dismissed the petition without conducting an evidentiary hearing. The Defendant appeals the trial court’s…