Johnson v. State

I would not reach the issue of whether Richard Reed’s prior representation of Hiatt required disqualification in this case. Defendant did not invoke the special prosecutor statute, Ind.Code § 33-14-1-6, or otherwise seek the disqualification of the prosecutor. As such, the issue is waived on appeal, Hubbard v. State, 518 N.E.2d 782, 784 (Ind.1988), unless a claim of fundamental error or ineffective assistance of counsel can be established. I find no basis for an ineffective assistance claim in that sound strategic considerations can easily be envisioned to support defense counsel’s decision…