Paul Thomas Kennedy v. State Indiana

This is an appeal from the denial of post conviction relief. Defendant (Petitioner) was charged with murder in 1961. A determination of incompetency to stand trial delayed his trial until 1969, at which time he was convicted of First Degree Murder in a trial by jury and was sentenced to death. That conviction was reversed by this Court and the cause remanded for a new trial. Kennedy v. State, (1972) 258 Ind. 211, 280 N.E.2d 611. He was re-tried, without a jury, found guilty of Second Degree Murder, and sentenced to life imprisonment. That conviction was affirmed. Kennedy v. State, (1974) 262 Ind. 295, 315 N.E.2d 350. In 1977, Defendant filed his petition for post conviction relief. He now appeals the denial of that petition and assigns the following issues for review: