Wilhite v. State

PRENTICE, Justice.

This is an appeal from the trial court’s denial of Defendant’s (Petitioner’s) petition for permission to file a belated motion to correct errors, following dismissal of his pro se petition for post conviction relief filed pursuant to Indiana Post Conviction Remedy Rule 1. Defendant challenges the trial court’s finding that he was not diligent 1 in seeking permission to file the belated motion to correct errors.

Defendant was charged by indictment with two counts of first degree murder (traditional murder and felony murder), Burns § 10-3401. On June 4, 1959, defendant pleaded…