George Cole v. State of Indiana
2013 Ind. App. LEXIS 300
| Ind. Ct. App. | 2013Background
- Cole pleaded guilty to the lesser included offense of second degree murder in 1963, received life imprisonment, and did not file a direct appeal.
- In 1969 Cole filed a post-conviction relief petition; the court denied it in 1971.
- Cole escaped prison in 1971 and remained at large for about 30 years, returning in April 2001.
- After return, Cole filed multiple post-conviction and related filings from 2001 to 2009, including a prior appeal dismissed with prejudice in 2009.
- In April 2012, counsel was appointed and filed a petition for permission to file a belated notice of appeal.
- The trial court found Cole not credible regarding his knowledge of belated-appeal rights and, given the long delay, held he was not diligent, denying the belated-appeal petition; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion | Cole | State | No abuse; petition denied affirmed |
Key Cases Cited
- Moshenek v. State, 868 N.E.2d 419 (Ind. 2007) (burden to show lack of fault and diligence in belated appeal)
- Bosley v. State, 871 N.E.2d 999 (Ind. Ct. App. 2007) (protects review of petition ruling when hearing held)