J.J. v. State

OPINION ON REHEARING

SHARPNACK, Judge.

In our memorandum decision handed down on June 9, 2006, we affirmed. Appellant J.J. has petitioned for rehearing stating his issue as follows: whether this court erred by concluding that J.J. was not denied effective assistance of trial counsel.1 We grant J.J.'s petition for rehearing, vacate our memorandum decision of June 9, 2006, and reverse.

The relevant facts follow. ME., a fifteen-year-old, lived with his parents, Dianne and Kimothy Fetty, in Anderson, Indiana. On March 20, 2000, after school, ME. went to J.J.'s house, which was separated from M.E.'s…