Mickens v. State

SHEPARD, Chief Justice.

When the State argues waiver in a post-conviction proceeding but prevails on other grounds, must it file a cross-appeal in order to preserve its waiver argument when answering petitioner's appeal? For nearly two decades the answer has been yes. See Johnson v. State (1974), 262 Ind. 183, 313 N.E.2d 542. Our 1990 amendments to Indiana Trial Rule 59(G), however, have superseded Johnson. The State can now argue waiver in its appellee's brief without first filing a cross-appeal, so long as it affirmatively presented waiver in the post-conviction court.

Petitioner-appellant…