FISHER v. STATE

No. 45S03-0306-PC-251.

810 N.E.2d 674 (2004)

Darryl Eugene FISHER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 17, 2004.


Attorney(s) appearing for the Case

Michael N. Pagano, Funk & Foster, Hammond, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Nandita G. Shepherd, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


RUCKER, Justice.

The question we address is whether the failure to raise on appeal the trial court's refusal to give a reckless homicide instruction as a lesser-included offense to murder amounts to ineffective assistance of appellate counsel. On the facts of this case, we conclude that it does.

Facts and Procedural History

In August 1993, Darryl Eugene Fisher was charged with murder arising out of a shooting incident at a Gary restaurant. The facts...

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