Legal Opinion

McCarty v. State

Indiana Court of Appeals

Decided February 4, 2004No. 49A04-0306-PC-296PublishedCited by 18 opinions

1Opinion of the Court

OPINION

MAY, Judge.

Kevin McCarty entered a plea of guilty to two counts of child molestation as Class A felonies. 1 He sought post-conviction re-Hef and his petition was denied. McCarty raises a single issue on appeal, which we restate as whether MeCarty was denied effective assistance of counsel when his counsel failed at sentencing to offer evidence of McCarty's mental impairment and other potential mitigating cireum-stances. We reverse. 2

FACTS

McCarty was charged with four counts of child molesting, two as Class A felonies and two as Class C felonies. Counsel was appointed to represent…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. California v. BrownSupreme Court of the United States · 1987
  4. Ben-Yisrayl v. StateIndiana Supreme Court · 2000
  5. Fugate v. StateIndiana Supreme Court · 1993

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3Cited by18 opinions

  1. Perry v. StateIndiana Court of Appeals · 2009
  2. Shanabarger v. StateIndiana Court of Appeals · 2006
  3. Sial v. StateIndiana Court of Appeals · 2007
  4. Baldi v. StateIndiana Court of Appeals · 2009
  5. Roderick Vandrell Lewis v. State of IndianaIndiana Court of Appeals · 2018

13 more not listed; retrieve them via the Exa API.

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