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Court affirms denial of post-conviction relief

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An Elkhart County man twice convicted and sentenced to 50 years in prison on drug convictions was not improperly denied post-conviction relief, the Indiana Court of Appeals ruled Wednesday.

In Micah D. Perryman v. State of Indiana, 20A03-1308-PC-299, Perryman argued he received ineffective assistance of counsel on five grounds having to do with failing to request exclusion of evidence of controlled drug buys and failing to question witnesses about benefits for their testimony or failing to call potential defense witnesses.

Perryman was convicted of Class A felony possession of cocaine and Class A misdemeanor possession of marijuana and sentenced to 50 years in prison. After reversal by the Court of Appeals, he was convicted by a jury a second time and received the same sentence.

Judge Elaine Brown wrote that Perryman had failed to meet his burden of establishing grounds for post-conviction relief by a preponderance of the evidence.

“"We cannot say that Perryman was prejudiced given the evidence that the police found approximately sixteen grams of crack cocaine that were individually packaged in the air duct of the residence which Perryman was renting,” Brown wrote in affirming denial of his petition.
 

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