KIGER v. STATE

No. 23S01-8905-PC-375.

537 N.E.2d 501 (1989)

Rick D. KIGER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied July 28, 1989.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Hope Fey, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.


CRIMINAL PETITION FOR TRANSFER

SHEPARD, Chief Justice.

The question is whether one who has unsuccessfully appealed his conviction on the basis of sufficiency of the evidence may seek a second review of the same question through post-conviction relief. We hold that such a petition is barred by res judicata.

In 1979, Rick K. Kiger was convicted of conspiracy to commit battery with a deadly weapon, a class C felony, Ind. Code §§ 35...

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