McPhearson v. State

This is an appeal from the denial of Defendant’s (Appellant’s) petition for post-conviction relief. The sole issue is the retrospective application of Lawrence v. State (1972), 259 Ind. 306, 286 N.E.2d 830, wherein we adopted a prophylactic rule requiring a bifurcated trial in habitual criminal charges.

In Enlow v. State (1973), 261 Ind. 348, 303 N.E.2d 658 we held that the Lawrence rule was applicable to cases decided on direct appeal after September 11, 1972, the date that Lawrence was handed down. Defendant now urges its application to his conviction in 1962 which was affirmed by this Court…