State v. Foster

OPINION

BAILEY, Judge

Case Summary

The State of Indiana (“State”) appeals the post-conviction court’s (“PCR Court”) grant of relief for petitioner Bernard Foster (“Petitioner”). We affirm.

Issue

The State raises one issue on appeal, which we restate as follows: whether the PCR Court properly granted relief due to an error in the trial court’s instructions on attempted murder.

Facts and Procedural History

On June 8, 1994, Officer Maurice McGee (“Officer McGee”) was in his personal vehicle in the rear parking lot of a Long John Silver’s restaurant (“Restaurant”) located in South Bend, Indiana. While…