Swan v. State

PRENTICE, Justice.

Following a trial by jury, Petitioner (Appellant) was convicted of first degree murder and robbery and on November 15, 1976 was sentenced to concurrent terms of life imprisonment and fifteen (15) years imprisonment. On direct appeal, this Court affirmed the convictions. Swan v. State, (1978) 268 Ind. 317, 375 N.E.2d 198. This appeal is from the denial of post conviction relief.

Our standard of review for appeals from the denial of post conviction relief is as follows:

“Petitioner ha[s] the burden of proof and stands in the shoes of one appealing from a negative judgment. The…