Barker v. State

This is an original action in which petitioner asks permission to file a belated appeal.

This court has heretofore held that in order to sustain a motion for a belated appeal, the following essential elements must be made to appear: One. There must be cause shown to excuse the delay in perfecting a timely appeal and, two, that he has a prima facie meritorious cause for appeal. State ex rel. Casey v. Murray (1952), 281 Ind. 74, 77, 106 N. E. 2d 911.

In this case the attorney for petitioner, as excuse for his failure to perfect a timely appeal, asserts that he was engrossed with other matters of…