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MARTIN v. STATE

No. 45S05-0106-PC-282.

760 N.E.2d 597 (2002)

Orlando MARTIN, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

January 4, 2002.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Cynthia Maricle Russell, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Monika Prekopa Talbot, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

SHEPARD, Chief Justice.

In his post-conviction relief petition, Orlando Martin alleges ineffective assistance of counsel because his appellate attorney mentioned, but did not brief, a claim that the trial court improperly gave the jury an instruction after deliberations had begun. Concluding that this error neither constituted deficient performance nor prejudiced Martin's case, we affirm the denial of post-conviction relief.

Facts and Procedural History<...

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