HUBBARD v. STATE

No. 1085 S 405.

518 N.E.2d 782 (1988)

Leroy HUBBARD, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Supreme Court of Indiana.

February 2, 1988.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Linda Rodriguez-Torrent, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.


PIVARNIK, Justice.

Petitioner Hubbard appeals the denial of his Petition for Post-Conviction Relief, which denial was based on a finding Hubbard waived his right to challenge the conduct of the prosecuting attorney by omitting this issue from his direct appeal.

On September 30, 1980, Hubbard was convicted of battery as a class C felony, and was also found to be a habitual offender on October 1, 1980, following a jury trial in Wabash Circuit Court. On November...

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