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Miller v. State

Supreme Court of Indiana
May 27, 1957
142 N.E.2d 432 (Ind. 1957)

Opinion

No. 29,526.

Filed May 27, 1957.

APPEAL — Belated Appeal — Cause Shown — Prima Facie Showing of Merit. — A petition for a belated appeal must show cause for the delay and make a prima facie showing of merit to the appeal.

Willie Miller, petitioner, filed petition for a belated appeal.

Petition dismissed.

Willie Miller, pro se. Edwin K. Steers, Attorney General, and Robert M. O'Mahoney, Deputy Attorney General, for respondents.


The rule is now well established that a petition for a belated appeal must not only show cause for the delay but ". . . there must be a . . . prima facie showing made of merit to the appeal." Ewbank's Indiana Criminal Law, § 541, p. 351, and cases cited.

Petitioner states as a conclusion "that there is a prima facie showing made of merits," but fails completely to state any facts by which the merit of such appeal might be ascertained.

The petition is therefore dismissed.

NOTE. — Reported in 142 N.E.2d 432.


Summaries of

Miller v. State

Supreme Court of Indiana
May 27, 1957
142 N.E.2d 432 (Ind. 1957)
Case details for

Miller v. State

Case Details

Full title:MILLER v. STATE OF INDIANA

Court:Supreme Court of Indiana

Date published: May 27, 1957

Citations

142 N.E.2d 432 (Ind. 1957)
142 N.E.2d 432

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