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WESLEY v. STATE

No. 27A04-0012-PC-531.

753 N.E.2d 686 (2001)

John WESLEY, Jr., Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

Rehearing Denied October 15, 2001.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Amy E. Karozos, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Joseph A. Samreta, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

John Wesley, Jr., appeals the denial of his petition for post-conviction relief raising one issue, which we restate as: Whether Wesley was denied the effective assistance of counsel by trial counsel's failure to obtain and use psychiatric records showing a history of delusional episodes of the victim, who was the sole eyewitness to his alleged crimes. We reverse and remand for new trial.

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