Tapia v. State

ON PETITION TO TRANSFER

SULLIVAN, Justice.

A post-conviction court denied Jose Angel Tapia's request to withdraw without prejudice his petition for post-conviction relief. Tapia had no such right to withdraw his petition; our rules give post-conviction courts discretion in disposing of such request. We find no abuse of the post-conviction court's discretion here.

Background

The facts of petitioner Jose Angel Ta-pia's crime are detailed in our opinion on direct appeal. See Tapia v. State, 569 N.E.2d 655, 657 (Ind.1991). In short, Ta-pia was convicted of Murder 1 and Felony Murder 2 for killing a…