Anthony W. Smith v. State of Indiana (mem. dec.)

Najam, Judge.

Statement of the Case

[1] Anthony W. Smith appeals the post-conviction court's dismissal of his petition for post-conviction relief for failure to prosecute. Smith presents the following dispositive issue for our review: whether the post-conviction court erred when it did not hold a hearing before dismissing his petition under Trial Rule 41(E). 1 We reverse and remand with instructions.

Facts and Procedural History

[2] The facts underlying Smith's convictions were stated by this court on direct appeal:

In 2010, Misty Sell was living with David Smith. [ ] In November 2010, she broke…