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236 Ind. 704

Miller v. State

Indiana Supreme Court

Decided May 27, 1957

Indiana Supreme Court · decided 1957-05-27

Cited by 2 later decisions — most recently May 1978

1 federal appellate · 1 state decisions

Relies on BAKER v. Keisker

Good law ✅— No negative treatment on recordhow we know

Decided 1957-05-27

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Per Curiam.

¶1The 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.

¶2Petitioner 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.

¶3The petition is therefore dismissed.

¶4Note. — Reported in 142 N. E. 2d 432.

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