Nelson v. State

PRENTICE, Justice.

This is an appeal from the denial of post conviction relief. Petitioner, Nelson, was convicted of Second Degree Murder in 1970 over a claim and some evidence of self-defense. His direct appeal to this Court resulted in an affirmance, reported at 259 Ind. 339, 287 N.E.2d 336.

Petitioner filed a petition for post conviction relief under Ind. Rule P.C. 1, predicated upon newly discovered evidence, on January 8, 1975; and the trial court granted summary judgment denying relief on April 24, 1975. No appeal was taken from such judgment.

On February 11,1976, the petitioner filed a…