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AUTREY v. STATE

No. 71S00-9612-CR-761.

700 N.E.2d 1140 (1998)

John AUTREY, Jr., Appellant (Defendant) v. STATE of Indiana, Appellee (Plaintiff).

Supreme Court of Indiana.

October 28, 1998.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, David P. Freund, Deputy Public Defender, Indianapolis, for appellant.

Jeffrey A. Modisett, Attorney General, Priscilla J. Fossum, Deputy Attorney General, Indianapolis, for appellee.

SELBY, Justice.

John Autrey, Jr. was convicted of murder and sentenced to a term of fifty-five (55) years.1 The only issue raised on appeal is whether defendant's right to effective assistance of counsel under the Sixth Amendment of the United States Constitution was violated when trial counsel failed to tender instructions on the lesser included offenses of murder. We conclude that this failure was an intentional and permissible tactical...

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