Legal Opinion · Concurrence

State v. Clanton

Indiana Court of Appeals

Decided October 26, 1982No. 3-582A100Published

1ConcurrenceNeal, Judge

I agree with the majority’s analysis and resolution of this issue. However, it is my opinion that Clanton has waived his right to post-conviction relief based on this alleged error by failing to raise the issue in his direct appeal. Wilkins v. State, (1981) Ind.App., 426 N.E.2d 61; Riner v. State, (1979) Ind., 394 N.E.2d 140; Dull v. State, (1978) 267 Ind. 549, 372 N.E.2d 171. The post-conviction relief process is not a substitute for direct appeal. It is a procedure for raising issues not known at the time of the original trial and appeal, or for some reason not available to the defendant at…

2Cases cited3 opinions

  1. Dull v. StateIndiana Supreme Court · 1978
  2. Riner v. StateIndiana Supreme Court · 1979
  3. Wilkins v. StateIndiana Court of Appeals · 1981

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