Graham v. State

OPINION ON REHEARING

BARNES, Judge.

The State petitions for rehearing following our decision in Graham v. State, 941 N.E.2d 1091 (Ind.Ct.App.2011). The State does not challenge the ultimate outcome in our original opinion, i.e. remanding for further proceedings to readdress Graham’s claim of an illusory or involuntary plea and possibly his claims of ineffective assistance of trial counsel. It takes issue instead with comments we made regarding the creation and preservation of evidentiary records in post-conviction relief (“PCR”) proceedings. We grant rehearing to address the State’s concerns.

As…