McCollum v. State

OPINION ON REHEARING

BARTEAU, Judge.

Phillip McCollum requests rehearing of this Court’s opinion affirming the trial court’s denial of post-conviction relief based on lach-es. We grant rehearing to address the following issues:

1. Whether the finding of knowledge and acquiescence constituting unreasonable delay was erroneously based upon inquiry notice?

2. Whether the finding of knowledge and acquiescence constituting unreasonable delay was based upon unreasonable inferences?

*3573. Whether the evidence of prejudice was sufficient?

FACTS

In February of 1979, McCollum was involved in one of several fights…