In re Spires

This case is presented by a petition invoking the provisions of Rule 2-40A seeking an order requiring the public defender of Indiana to show cause for refusing to represent petitioner in a proceeding in a belated motion for new trial.

The issue presented is whether the remedy of a belated motion for new trial as provided by the 1963 amendment to Rule 2-40A is available to petitioner who has previously litigated the same claims unsuccessfully in coram nobis proceedings.

Petitioner has previously failed to establish his claims in coram nobis proceedings which were appealed to this court. See…