State of Indiana v. Frank Greene

DAVID, Justice.

Convicted of class B felony criminal confinement, Frank Greene alleged in his petition for post-conviction relief that his trial and appellate counsel provided ineffective assistance by failing to present allegedly controlling precedent from this Court and thus adequately challenge the sufficiency of the evidence underlying his conviction. Greene argued that had counsel submitted Long v. State, 743 N.E.2d 253 (Ind.2001), to their respective courts, he would have obtained, at worse, a conviction for class D felony criminal confinement. Persuaded, the postconviction court ordered…