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High court vacates transfer order

November 10, 2010


The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.

The justices, who took the case Kevin Taylor v. State of Indiana, No. 20S04-1009-PC-477, in September, vacated their order granting transfer after further review, including oral arguments. They reinstated the Indiana Court of Appeals decision in a Nov. 5 order posted online this week. Chief Justice Randall T. Shepard wanted the Supreme Court to keep jurisdiction over the case.

The lower appellate court held that Taylor met his burden of showing the post-conviction court erred by ruling his counsel hadn’t performed deficiently. Taylor argued his attorney was ineffective for not objecting to the final instructions, which didn’t instruct on the elements of robbery. He was convicted of felony murder during a robbery.

The Court of Appeals split on whether Taylor was prejudiced by his attorney’s performance. The majority remanded for a new trial.

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