Miller v. State
Cases that cite this one
2 later published cases cite this decision.
- SUTTON v. State (Ind. 1957)
- BAKER v. Keisker (Ind. 1957)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.