Green v. State

— The petitioner, David A. Green, is before this Court appealing from the denial of his petition for relief under Post-Conviction Remedy, Rule 1. His conviction for first-degree murder was affirmed by this Court on direct appeal, Green v. State, (1976) 265 Ind. 16, 349 N.E.2d 147. A single issue is before us: was the petitioner denied his constitutionally guaranteed right to effective assistance of counsel ?

Ind. R. P.C. 1 §5 provides that “[t]he petitioner has the burden of establishing his grounds for relief by a preponderance of the evidence.” At the post-conviction relief hearing, it is…