Mickens v. State

BAKER, Judge.

This appeal calls on us to review the pleading requirements the State must adhere to in post-conviction proceedings to raise a successful defense of waiver or res judicata. Specifically, petitioner-appellant Carl Mickens asks us to reverse the post-conviction court's conclusion that a 1981 jury properly determined him to be an habitual offender.

Mickens was convicted in 1981 of burglary, a Class B felony 1 , and of being an habitual offender. 2 Both convictions were affirmed on direct appeal to our supreme court. Mickens v. State (1982), Ind., 439 N.E.2d 591 (Wickens I). In 1988,…