Ray v. State

YOUNG, Presiding Judge.

Danny J. Ray and Herbert W. Wheeler appeal the denial of their petitions for post-conviction relief arising from separate dispositions in the trial court below. Their cases have been consolidated for consideration by this court since they involve these similar questions on the issue of laches in post-conviction relief settings:

1) whether "knowing acquiescence" is shown by evidence that the accused pled guilty to a misdemeanor charge and was fined;

2) whether a lost record entitles a defendant to a new trial if he fails to attempt to reconstruct the record.

The record in…