Harris v. State

We hold that appellate counsel is ineffective if counsel fails to provide the trial record establishing facts that support a valid claim raised in the appeal but unsupported by the record provided.

Factual and Procedural Background

On October 9, 1999 at approximately 11 or 11:30 pm, Robert “Kwan” Harris, age 32, and his friend James Common were outside their Anderson, Indiana apartment when they met two girls, “A” and “B,” who were walking home from a mall. Harris and Common invited the girls to talk with them, and the girls walked over to the two men. The girls told Harris and Common that they…