Juan M. Garrett v. State of Indiana - 12/20/12

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Thursday  December 20, 2012 
9:00 AM  EST

9 a.m. 49S04-1207-PC-431. Garrett was charged with two counts of rape and other offenses. A jury found him not guilty on Count 1, but it could not reach a verdict on Count 2. Count 2 was retried to the bench, and the trial court found him guilty. The convictions were affirmed on direct appeal in Garrett v. State, No. 49A02-0807-CR-609, slip op. (Ind. Ct. App. 2009), trans. denied. In post-conviction proceedings, Garrett contended trial and appellate counsel had been ineffective in not arguing that the retrial on the second rape charge violated his federal and state constitutional protections against double jeopardy. The Marion Superior Court denied relief and the Court of Appeals affirmed.

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