In Shawn E. Norris v. State of Indiana, No. 43A03-0708-CR-396, Shawn Norris filed for post-conviction relief alleging newly discovered evidence. Norris' stepsister told police that Norris had touched her daughter. Norris pleaded guilty to the charge of child molesting.
After Norris was sentenced, he filed his petition for post-conviction relief and included an affidavit from his stepsister, saying she initiated a false case against Norris. The state filed a motion for summary disposition, which the trial court granted.
The Indiana Court of Appeals reversed after concluding issues of material fact preclude summary disposition and remanded for the trial court to hold an evidentiary hearing on the petition to resolve factual issues raised by Norris' petition and designated evidence.