HORNADAY v. STATE

No. 49A02-9301-PC-2.

639 N.E.2d 303 (1994)

John Lee HORNADAY, Appellant-Petitioner, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied October 5, 1994.

Transfer Denied November 30, 1994.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, John A. England, Deputy Public Defender, Indianapolis, for appellant.

Pamela Carter, Atty. Gen., Cynthia L. Ploughe, Deputy Atty. Gen., Indianapolis, for appellee.


SULLIVAN, Judge.

John Lee Hornaday appeals the denial of his petition for post-conviction relief from his conviction of robbery, a Class B felony.1 The basis of Hornaday's appeal is that the Marion Superior Court lacked jurisdiction to try the case. This seemingly simple contention presents many issues for our review which we state as:

I. Whether the 70-day time limit prescribed by Ind.Crim.R. 4(B) runs anew from the filing of...

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