ROBERTSON v. STATE

No. 45A03-9704-PC-130.

687 N.E.2d 223 (1997)

Donnell L. ROBERTSON, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

Rehearing Denied January 27, 1998.


Attorney(s) appearing for the Case

Donnell L. Robertson, Michigan City, Pro Se.

Jeffrey A. Modisett, Attorney General, Rachel Zaffrann, Deputy Attorney General, Indianapolis, for Appellee-Respondent.


OPINION

STATON, Judge.

Donnell L. Robertson appeals the dismissal with prejudice of his petition for post-conviction relief. The post-conviction court dismissed Robertson's petition pursuant to its authority under Ind.Trial Rule 41(E). Robertson's appeal raises the following dispositive issue:

Whether the post-conviction court erred in dismissing his petition for post-conviction relief before ordering a hearing as required under Ind.Trial Rule 41...

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