Powell v. State

Appellant Powell was convicted of first-degree murder at the conclusion of a jury trial in the Marion Criminal Court on September 1, 1970. This conviction was affirmed by this court. Powell v. State, (1970) 254 Ind. 200, 258 N.E.2d 633. In April of 1971, appellant filed petitions for post-conviction relief pursuant to both Ind. R. P. C. 1 and Ind. R. P. C. 2. The relief sought was denied in July of 1971.

The sole question presented for review is whether appellant should have been permitted to file a Belated Motion to Corrct Errors to his denial of post-conviction relief in July, 1971.

The…