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Wednesday, November 15, 2006

Ind. Decisions - Supreme Court decides one today

In Gerald Reed v. State of Indiana, a 14-page, 5-0 opinion, Justice Rucker writes:

The question we address is whether the failure to raise on appeal the aggregate length of a defendant’s consecutive sentences for two counts of attempted murder amounts to ineffective assistance of appellate counsel. On the facts of this case, we conclude it does. * * *

We conclude that appellate counsel rendered ineffective assistance and therefore reverse the judgment of the post-conviction court declaring otherwise. This cause is remanded to the post-conviction court with instructions to enter a new sentencing order imposing a sentence not inconsistent with this opinion.

Posted by Marcia Oddi on November 15, 2006 09:32 AM
Posted to Ind. Sup.Ct. Decisions