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COA replaces opinion on post-conviction ruling with corrected version

February 5, 2014

Acknowledging that the state is correct when it claims the Indiana Court of Appeals relied on the wrong Supreme Court decision in affirming the denial of a petition for post-conviction relief, the appellate court issued a new opinion Wednesday.

In Everett Sweet v. State of Indiana, 35A02-1305-PC-451, the state, although victorious in the original decision affirming the denial of Everett Sweet’s petition for post-conviction relief, asked for a rehearing because it claimed the COA mistakenly relied on Norris v. State, 896 N.E.2d 1149 (Ind. 2008), instead of Helton v. State,  907 N.E.2d 1020 (Ind. 2009).

The Court of Appeals agreed and vacated its prior opinion.  It substituted that opinion with the one it issued Wednesday on rehearing.

“The state is correct. Norris involved a petition for post-conviction relief filed pursuant to Indiana Post-Conviction Rule 1(a)(4), whereas Helton, like Sweet’s appeal, involved a petition filed pursuant to Rule 1(a)(1),” Judge Edward Najam wrote.
 

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