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STATE v. VAN CLEAVE

No. 49S00-9008-PD-541.

674 N.E.2d 1293 (1996)

STATE of Indiana, Appellant-Respondent, v. Gregory VAN CLEAVE, Appellee-Petitioner.

Supreme Court of Indiana.

December 19, 1996.

Attorney(s) appearing for the Case

Pamela Carter, Attorney General, Geoff Davis, Deputy Attorney General, Office of Attorney General, Indianapolis, for appellant-respondent.

Susan K. Carpenter, Public Defender, Thomas C. Hinesley, Joseph M. Cleary, Kenneth L. Bird, Office of the Public Defender, Indianapolis, for appellee-petitioner.

BOEHM, Justice.

The State appeals from a grant of postconviction relief to defendant Gregory Van Cleave. The postconviction court vacated Van Cleave's 1983 guilty plea for felony murder and the accompanying death sentence on the ground that Van Cleave had been denied his constitutional right to effective assistance of counsel. The State appeals only the reversal of the conviction. As explained below, we hold today that a defendant must demonstrate a reasonable probability...

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