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McPHEARSON v. STATE

No. 873S155.

318 N.E.2d 355 (1974)

Earl Franklin McPhearson, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied December 31, 1974.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, William B. Bryan, Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., John H. Meyers, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

This is an appeal from the denial of Defendant's (Appellant's) petition for post-conviction relief. The sole issue is the retrospective application of Lawrence v. State (1972), Ind., 286 N.E.2d 830, wherein we adopted a prophylactic rule requiring a bifurcated trial in habitual criminal charges.

In Enlow v. State (1973), Ind., 303 N.E.2d 658 we held that the Lawrence...

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