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Appellate panel hears challenge to post-conviction dismissal over verification and recusal requests
Summary
At oral argument, the petitioner (Miss Martin) told the appellate court the trial court mischaracterized her petition's verification and improperly dismissed it without required colorable-claim analysis; the state countered that a notary signature line was blank and the court gave time to correct the defect.
An appellate panel heard oral argument in a post-conviction appeal in which the petitioner, identified in court as Miss Martin, asked the court to vacate a summary dismissal she says was based on an erroneous finding that her petition lacked proper verification.
Miss Martin told the court she filed a petition that included "a sworn declaration under the penalty of notarized stamped verification page" and pointed to the record entry she said shows the verification (trial record volume 1, page 29). She said the trial court's order (trial record volume 2, page 219) framed the defect as an absence of an oath under penalty of perjury—an account she says contradicts the face of the record.
"The petition itself contained a…
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