Powers v. State

ON CRIMINAL PETITION TO TRANSFER

GIVAN, Justice.

In an opinion published at 611 N.E.2d 172, the Court of Appeals reversed the trial court's denial of appellant's petition for post-conviction relief. They held that appellant carried his burden of proof in the trial court to demonstrate that his appellate counsel had not afforded effective assistance in that he did not challenge the sufficiency of the evidence establishing appellant's status as a habitual offender.

Judge Chezem wrote a dissenting opinion in which she observed that trial counsel had testified at the post-conviction relief hearing…