State v. Harden

SHEPARD, Justice.

Appeliee Harold Harden was convicted after a jury trial of robbery, a class A felony, Ind.Code § 35-42-5-1 (Burns 1985 Repl.), and conspiracy to commit robbery, a class C felony, Ind.Code § 35-41-52 (Burns 1985 Repl.) This court affirmed the convictions. Harden v. State (1982), Ind., 441 N.E.2d 215, cert. denied, (1983), 459 U.S. 1149, 103 S.Ct. 794, 74 LEd.2d 998. Harden then filed a petition for post-conviction relief, which the trial court granted on two bases:

1. That error occurred during deliberations when the court played a taped exhibit for the jury in Harden's…