State of Indiana v. Frank Greene - 5/22/14

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Thursday  May 22, 2014 
10:30 AM  EST

10:30 a.m.  49S04-1403-CR-162. Greene’s conviction for criminal confinement as a class B felony, see Indiana Code section 35-42-3-3, and other offenses was affirmed on direct appeal in a memorandum decision.  Greene v. State, No. 49A05-0905-CR-250 (Ind. Ct. App. Feb. 17, 2010).  The Marion Superior Court granted post-conviction relief, finding grounds counsel had been ineffective in failing to challenge the sufficiency of the evidence on the elevated confinement charge.  Citing Long v. State, 743 N.E.2d 253 (Ind. 2001), and Redman v. State, 743 N.E.2d 263 (Ind. 2001), the Court of Appeals affirmed the trial court’s judgment granting post-conviction relief in State v. Greene, 2 N.E.3d 737 (Ind. Ct. App. 2013), vacated.  The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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