Eric Danner v. State of Indiana - 4/3/14

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Thursday  April 3, 2014 
10:50 AM  EST

10:50 a.m. 71S03-1402-PC-73. In this post-conviction proceeding, Danner asserted that as a result of having been prosecuted for certain traffic offenses filed in a St. Joseph traffic court, he could not also be prosecuted for felony possession of cocaine and other offenses in a St. Joseph felony court.  See Danner v. State, 900 N.E.2d 9 (Ind. Ct. App. 2008) (affirming the felony conviction).  As a result, he argued, he had been deprived of the effective assistance of counsel because his trial attorney had not moved for dismissal of the felony court charges pursuant to the “successive prosecution statute,” Indiana Code section 35-41-4-4(a).  The post-conviction court denied relief, noting that the evidence presented at the post-conviction hearing provided no basis for determining the prevailing professional norm, given the apparently unique circumstances of the case.  The Court of Appeals affirmed in Danner v. State, No. 71A03-1304-PC-146 (Ind. Ct. App. Oct. 30, 2013) (NFP mem. dec.), vacated.  The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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