Garner v. State

This case dramatizes the desirability of a bright line distinction to be drawn between the value of finality in criminal convictions and the recognition that some convictions no matter how old may be tainted by "fundamental" error.

Following Garner's conviction, a Motion to Correct Errors was filed by his trial counsel. The Motion to Correct Errors presented the following alleged errors:

1. The prosecutor improperly tried to impeach the defendant of alleged pri- or felonies;

2. The evidence was insufficient to sustain the conviction.

In his memorandum in support of the Motion, trial counsel…