McCollum v. State

SHIELDS, Presiding Judge.

Phillip L. McCollum appeals the denial of his petition for post-conviction relief.

We affirm.

ISSUES

1. Whether the post-conviction court erred in finding McCollum's petition was barred by the doctrine of laches.

2, Whether application of the doctrine of laches violates McCollum's due process right to challenge the validity of a conviction.

FACTS

On January 8, 1971 McCollum pled guilty to theft and was sentenced to a suspended term of one year. The conviction was later used to support a 1988 habitual offender determination. - On January 28, 1989 McCollum filed a petition…