Jones v. State

GIVAN, Chief Justice.

This is an appeal from the denial of permission to file a belated motion to correct error. The only error assigned is that the trial court’s ruling is contrary to law.

The trial court found that appellant had not met his burden of showing he had exercised due diligence in requesting permission to file a belated motion to correct error. See PC 2, § 1(c). The petitioner in a post-conviction proceeding has the burden of establishing his grounds for relief by a preponderance of the evidence. The judge hearing the petition weighs the evidence and determines the credibility of…