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MICKENS v. STATE

No. 70A01-9104-PC-94.

579 N.E.2d 615 (1991)

Carl MICKENS, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana, First District.

October 7, 1991.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Richard Denning, Deputy Public Defender, Indianapolis, for appellant-petitioner.

Linley E. Pearson, Atty. Gen., Geoff Davis, Deputy Atty. Gen., Indianapolis, for appellee-respondent.

BAKER, Judge.

This appeal calls on us to review the pleading requirements the State must adhere to in post-conviction proceedings to raise a successful defense of waiver or res judicata. Specifically, petitioner-appellant Carl Mickens asks us to reverse the post-conviction court's conclusion that a 1981 jury properly determined him to be an habitual offender.

Mickens was convicted in 1981 of burglary, a Class B felony1,...

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