John A. Dugan v. State of Indiana

OPINION

BARNES, Judge.

Case Summary

John Dugan appeals the post-conviction court’s denial of his petition for postconviction relief. We reverse and remand.

Issues

Dugan raises two issues, which we restate as:

I. whether the post-conviction court properly rejected Dugan’s freestanding claim regarding his habitual offender enhancement; and

II. whether the post-conviction court properly rejected Dugan’s claim of ineffective assistance of appellate counsel.

Facts

In 2005, the State charged Dugan with Class B felony possession of a firearm by a serious violent felon (“SVF”), Class D felony criminal…