Averhart v. State

Appellant and two codefendants were charged with Murder and Felony Murder. A trial by jury resulted in a finding of guilty. The codefendants received prison sentences and appellant received the death penalty. The conviction was appealed and affirmed by this Court in Averhart, et al. v. State (1984), Ind., 470 N.E.2d 666.

In September of 1985, appellant, by counsel, filed a petition for post-conviction relief and a motion for change of judge. Striking resulted in the choosing of the Honorable Vern E. Sheldon as judge to try the post-conviction relief petition. After a long series of amendments…