Drake v. State

GIVAN, Justice.

This is an appeal from the denial of post-conviction relief. A jury trial in 1982 resulted in appellant’s conviction of First Degree Murder for the killing of Ruth Hea-ton, for which he was sentenced to life imprisonment. This Court affirmed the conviction and sentence on direct appeal. Drake v. State (1984), Ind., 467 N.E.2d 686. Subsequently appellant filed a petition for post-conviction relief which was denied.

The facts are: On the morning of April 8, 1977, Ruth Heaton, a nearly-blind widow and retired teacher, was found dead in her Anderson home by a friend. The victim had…