Derrell Woods v. State of Indiana

[25] When a petitioner appeals the denial of a petition for post-conviction relief, which is a negative judgment, we may-reverse only if that petitioner demonstrates “the evidence as a whole leads unerringly and .unmistakably to, a conclusion opposite that reached.by the post-conviction court.” Hollowell v. State, 19 N.E.3d 263, 269 (Ind.2014). I do not believe Woods has met that burden and, accordingly, I dissent.

[26] -Regarding whether Zook’s performance was deficient, the majority holds: “Because the undisputed evidence shows that Zook did not communicate the June 23, 2003, offer to Woods,…