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CARTER v. STATE

No. 49S04-0903-PC-102.

929 N.E.2d 1276 (2010)

Che B. CARTER, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Supreme Court of Indiana.

July 1, 2010.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, James T. Acklin, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 49A04-0807-PC-444.

SHEPARD, Chief Justice.

Che B. Carter has sought post-conviction relief, contending that appellate counsel was deficient for failing to challenge a jury instruction on attempted murder. The post-conviction court was likely wrong in concluding that Carter's lawyer performed within the range of reasonableness when she omitted this issue, on which there was considerable flux at...

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