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William E. Zellers v. State Indiana

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eBook details

  • Title: William E. Zellers v. State Indiana
  • Author : Supreme Court Of Indiana
  • Release Date : January 21, 1979
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Appellant Zellers made a plea of guilty to a charge of first-degree murder of his uncles wife in 1966, and received a sentence of life imprisonment. In 1969, he filed a motion to vacate the judgment and to withdraw his guilty plea contending that he was coerced by police officers into giving an incriminating statement and that he did not receive effective assistance of counsel. On August 15, 1972, following a hearing, the trial court decreed that Zellers motion was denied. No appeal was taken. Three years later, on October 17, 1975, appellant filed in the trial court a petition for permission to file a belated motion to correct errors addressed to the August 15, 1972 order denying post-conviction relief as the first step in initiating an appeal therefrom. The petition for permission to file the belated motion was denied, and that order was reversed on appeal to this Court and the case remanded for an evidentiary hearing on such petition. Zellers v. State, (1977) 266 Ind. 111, 361 N.E.2d 143. On remand, the required hearing was conducted, and a second order denying permission to file the belated motion to correct errors resulted. This is an appeal from that latest decision, and the issue presented for review is whether appellant should have been permitted to file his belated motion.


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