Gary W. Mallory, II v. State

MELANSON, Chief Judge.

Gary Wayne Mallory, II, appeals from the district court’s dismissal of his petition for post-conviction relief. For the reasons set forth below, we affirm in part, vacate in part, and remand.

I

FACTS AND PROCEDURE

Mallory was found guilty of murder in the first degree (I.C. §§ 18-4001, 18-4002, and 18 — 4003) and domestic battery (I.C. §§ 18-918(2)(a) and 18-903(a)). On appeal, this Court affirmed Mallory’s judgment of conviction in an unpublished opinion. State v. Mallory, Docket No. 37774, 2012 WL 9488038 (Ct.App. Apr. 4, 2012). Mallory filed a petition for…