Robert L. Davis v. State Indiana

The petitioner, Robert L. Davis, is before this Court appealing from the denial of his petition for Post-Conviction Relief, Rule 1. Therein, he sought relief from judgments entered on his plea of guilty to rape, Ind. Code § 35-13-4-3 (Burns 1975) and a jurys conviction of him for the crime of kidnapping, Ind. Code § 35-1-55-1 (Burns 1975). On his direct appeal, this Court affirmed the trial courts judgments. Davis v. State, (1976) 265 Ind. 476, 355 N.E.2d 836. We have previously remanded his appeal from the denial of his petition for post-conviction relief for the reason that the trial court had erroneously failed to grant a change of Judge. Davis v. State, (1979) Ind. , 396 N.E.2d 893. After a hearing before a new Judge, the petition for post-conviction relief was again denied. Petitioner now presents the following issues for our review: