Legal Opinion

Emerson v. State

Indiana Court of Appeals

Decided August 6, 2004No. 49A02-0310-PC-869PublishedCited by 6 opinions

1Opinion of the Court

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Dejuan Emerson appeals from the denial of his petition for post-conviction relief and presents the following issues for review:

1. Whether Emerson's appellate counsel was ineffective when she failed to argue on direct appeal that the State presented insufficient evidence to prove that Emerson had acted in concert or by agreement with another.

2. Whether stare decisis requires reversal of Emerson's murder conviction.

We affirm.

FACTS AND PROCEDURAL HISTORY

Our supreme court explained the facts relevant to Emerson's convictions in relevant part as follows:

On…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Timberlake v. StateIndiana Supreme Court · 2001
  3. Bieghler v. StateIndiana Supreme Court · 1997
  4. Ben-Yisrayl v. StateIndiana Supreme Court · 2000
  5. Canaan v. StateIndiana Supreme Court · 1997

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3Cited by6 opinions

  1. Steven Bethel v. State of IndianaIndiana Court of Appeals · 2018
  2. David Lewicki v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019
  3. David Mark Frentz v. State of IndianaIndiana Court of Appeals · 2013
  4. David Streeter v. State of IndianaIndiana Court of Appeals · 2013
  5. Kevin Govan v. State of IndianaIndiana Court of Appeals · 2013

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

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