Joseph J. Scott v. State of Indiana - 3/12/13

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Tuesday  March 12, 2013 
3:30 PM  EST

3:30 p.m. 45A04-1208-PC-420. Manchester University. Appellant Joseph Scott appeals from the denial of his petition for post-conviction relief.  After pleading guilty to Class B felony operating a vehicle with a BAC of 0.15 or greater causing death and Class B felony resisting law enforcement causing death, Scott received two fifteen-year sentences, which were to be served consecutively.  Scott argues that the consecutive nature of the sentences represents fundamental error and that his trial counsel was ineffective for failing to advise him that his consecutive sentences were illegal and for failing to perfect a direct appeal.  The State argues that Scott may not bring a freestanding claim of fundamental error in a post-conviction proceeding and that he received effective assistance of trial counsel. 

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