Holliness v. State

PIVARNIK, Justice.

Petitioner James R. Holliness petitions for rehearing pursuant to App.R. 11(A), claiming this Court's opinion, 494 N.E.2d 305, is erroneous in that it: 1) affirmed the trial court's sua sponte summary denial of Holliness' pro se petition for post-conviction relief sixty-one days after counsel entered an appearance, which deprived Holli ness of due process of law as he was without notice that his pro se petition was subject to summary denial prior to amendment by counsel; 2) denied Petitioner his right to the effective assistance of post conviction counsel as counsel had no…