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Justices take post-conviction relief case

March 24, 2014

The Indiana Supreme Court will review the reduction from a Class B felony to a Class D felony of a man’s conviction of criminal confinement.

Justices agreed to grant transfer in State of Indiana v. Frank Greene, 49S02-1403-PC-172. Greene was granted post-conviction relief, affirmed by the Court of Appeals, on his argument of insufficient assistance of counsel because his attorney failed to cite Long v. State 743 N.E.2d 253 (Ind. 2001).

Long established that the elements of Class B felony confinement require that bodily injuries be caused by forcibly removing someone from one place to another. While Greene’s girlfriend sustained injuries for which he also was charged, convicted and sentenced, evidence didn’t directly support the confinement conviction as a Class B felony, the Court of Appeals ruled.

The case was the sole matter to which justices granted transfer for the week ending March 21. Supreme Court transfer dispositions may be viewed here.

 

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