Robertson v. State

OPINION

STATON, Judge.

Donnell L. Robertson appeals the dismissal with prejudice of his petition for post-conviction relief. The post-conviction court dismissed Robertson’s petition pursuant to its authority under Ind.Trial Rule 41(E). Robertson’s appeal raises the following dis-positive issue:

Whether the post-conviction court erred in dismissing his petition for post-conviction relief before ordering a hearing as required under Ind.Trial Rule 41(E).

We reverse.

Robertson was convicted by jury of murder.1 On January 26,1996, Robertson filed a petition for post-conviction relief. Later on June 6,…