Legal Opinion

Jacobs v. State

Indiana Court of Appeals

Decided December 9, 2003No. 49A02-0305-PC-402PublishedCited by 4 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Anthony Jacobs appeals the post-convietion court's denial of his petition for post-conviction relief. Although he raises several issues on appeal, we need only address the following issue: whether the post-conviction court erred in concluding that the rule in Ross v. State, 729 N.E.2d 113 (Ind.2000), which prohibits double enhancement of a misdemeanor handgun violation, does not apply retroactively to him. Because Jacobs has failed to prove that the rule in Ross falls under one of the narrow exceptions to the general rule of nonretroactivity, we affirm the…

2Cases cited14 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Bousley v. United StatesSupreme Court of the United States · 1998
  3. Penry v. LynaughSupreme Court of the United States · 1989
  4. Loving v. VirginiaSupreme Court of the United States · 1967
  5. Ford v. WainwrightSupreme Court of the United States · 1986

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Jacobs v. StateIndiana Supreme Court · 2005
  2. State v. JonesIndiana Court of Appeals · 2004
  3. Glasco v. StateIndiana Court of Appeals · 2004
  4. Glasco v. StateIndiana Court of Appeals · 2004

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