Colvin v. State

SULLIVAN, Judge.

Appellant Arthur L. Colvin appeals the trial court's summary denial of his petition for post-conviction relief, We reverse and remand for further proceedings.

In Holliness v. State (1986) Ind., 496 N.E.2d 1281, our Supreme Court upon rehearing addressed the question of summary "dismissal"1 of a pro se petition for post-conviction relief after the public defender has made an appearance on behalf of the pro se petitioner but before the public defender has filed an amended petition. In reversing the trial court's summary denial of the petition, the court held that judgment in such…