Phelps v. State

I respectfully dissent. A central point in Phelps' ineffective assistance of appellate counsel claim, under which he is challenging the sufficiency of the evidence supporting his habitual offender determination, is whether the jury received the contents of exhibits twenty-seven, twenty-eight, and twenty-nine, which detailed Phelps' prior convictions. I agree with the majority that the record does not indicate whether the prosecutor read those exhibits to the jury per the trial court's request, but I do not agree that we may presume that the prosecutor did so. I conclude that where the record…