State v. Palmer, 08 Je 18 (3-6-2009)

OPINION

{¶ 1} This timely appeal comes for consideration upon the record in the trial court and the parties' briefs. Pro-se Appellant, Atropin Palmer, appeals the July 25, 2008 decision of the Jefferson County Court of Common Pleas that denied Appellant's petition for post-conviction relief as untimely.

{¶ 2} On appeal, Palmer argues that the trial court erroneously dismissed his petition without a hearing and in the face of clear and convincing evidence de hors the record that Palmer did not commit the offense. Palmer also raises issues regarding the indictment, jury instructions,…