Burris v. State
Burris v. State
Opinion of the Court
ORDER
On November 12, 1997, Petitioner Gary Burris, pro se, filed a “Successive Petition For Post-Conviction Relief,” which we consider to be a request for leave to file a successive petition as contemplated in Indiana Post-Conviction Rule 1 Section 12(a).
Burris was convicted of murdering Kenneth W. Chambers in the course of a robbery and was sentenced to death. Burris v. State, 465 N.E.2d 171 (Ind. 1984), reh’g denied, cert. denied 469 U.S. 1132, 105 S.Ct. 816, 83 L.Ed.2d 809 (1985). We later vacated the death sentence in his first post-conviction proceedings, and ordered a new penalty phase trial. Burris v. State, 558 N.E.2d 1067 (Ind. 1990), reh’g denied. Bums was re-sentenced to death, and we affirmed this sentence on direct appeal. Burris v. State, 642 N.E.2d 961 (Ind. 1994), reh’g denied, cert. denied - U.S. -, 116 S.Ct. 319, 133 L.Ed.2d 221 (1995).
We have denied earlier requests filed by counsel for leave to pursue successive post-conviction relief. Burris v. State, No. 49S00-9509-SD-1112, orders of October 19, 1995 and October 30,1997.
Accordingly, the Court DECLINES TO AUTHORIZE the filing of a successive petition for post-conviction relief.
The Clerk is directed to certify this order as final. This order is not subject to rehearing under Indiana Appellate Rule 11.
Reference
- Full Case Name
- Gary BURRIS v. STATE of Indiana
- Status
- Published