Palmer v. State

SULLIVAN, Judge.

Michael D. Palmer (Palmer) appeals the denial of his Petition for Post-Conviction Relief.

We reverse.

On August 30,1978, Palmer was charged with murder. The indictment alleged that the act occurred June 19, 1978. Palmer was convicted of murder on May 13, 1980, following a jury trial. An earlier trial had resulted in a hung jury.

Palmer instituted a direct appeal of his conviction, presenting two issues: whether the verdict was contrary to law and to the evidence and whether the State failed to prove all the elements of murder, and that therefore the evidence supported at most a…