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McCARY v. STATE

No. 49S02-0105-PC-00240.

761 N.E.2d 389 (2002)

Brian K. McCARY, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

January 18, 2002.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Anne-Marie Alward, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

SHEPARD, Chief Justice.

Appellant Brian McCary, who is serving a forty-year sentence for attempting to kill a police officer, asks for a new trial. He contends that his trial counsel was ineffective, but that question has already been litigated and is res judicata against him. His claim that his appellate counsel was ineffective is without merit. We affirm the denial of post-conviction relief.

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