Emerson v. State

ON PETITION TO TRANSFER

SULLIVAN, Justice.

The Court of Appeals reversed a trial court’s denial of Henry G. Emerson’s petition for post-conviction relief. Having granted transfer, we affirm the post-conviction court.

Background

On July 25, 1986, Henry G. Emerson • (“Emerson”), his brother, John Wesley Emerson, and Derrick- Jones attacked Robert Brown and his son, Lynn Brown, as the latter two were playing, cards in Douglass Park in Indianapolis., The two Emersons and Jones beat Robert with their fists and Lynn with sticks, and Jones stabbed Lynn in the chest with a knife.

A jury convicted Emerson…