Stoner v. State

SHIELDS, Presiding Judge.

Stoner appeals the post-conviction relief court's denial of his pro se Petition for Post-Conviction Relief.

We reverse.

Stoner first contends the post-conviction relief court erred in summarily denying his petition after the State Public Defender had been appointed to represent him, but before the State Public Defender had entered an appearance. We agree.

The facts in this case are similar to those in Holliness v. State (1986), Ind., 496 N.E.2d 1281 and Colvin v. State (1986), Ind.App., 501 N.E.2d 1149. Colvin, following the mandate of Holliness, held a pro se petition…