Fuquay v. State

OPINION

BAKER, Judge.

Appellant-defendant Daniel R. Fuquay appeals the dismissal of his petition for post-conviction relief after he failed to submit affidavits in support of his petition. Specifically, he contends that the post-conviction court erroneously granted the State’s motion to have the cause submitted by affidavit. He also contends that the court’s failure to rule on his motion in opposition to the State’s motion to proceed by affidavit extended the time for filing his affidavits.

FACTS

On October 2, 1996, Fuquay filed a pro se petition for post-conviction relief. Because Fuquay elected…