State of Indiana v. Robert Collier

DAVID, Justice.

At issue in this case is whether the post-conviction court erred in granting Collier’s motion for relief from judgment pursuant to Trial Rule 60(B)(8). In light of the facts and circumstances of this case and given the deferential standard of review, we affirm finding that: 1) Collier filed his motion within a reasonable time given his incarceration, lack of education, limited resources and potential cognitive and/or mental deficiencies; 2) there were extraordinary circumstances due to the post-conviction court’s failure to refer Collier’s petition to the State Public Defender…