Jason Dean Hubbell v. State of Indiana

BROWN, Judge.

[1] Jason Dean Hubbell appeals the denial of his petition for post-conviction relief. Hubbell raises three issues which we consolidate and restate as whether the trial court abused its discretion when it declined to take judicial notice of the record and whether the court denied Hubbell a fair hearing by refusing to obtain his direct appeal record from the Supreme Court Clerk. We reverse and remand.

Facts and Procedural History

[2] The relevant facts as discussed in Hubbell’s direct appeal follow:

Sharon Myers left for work at the Arvin plant early on the morning of May 13, 1997.…