1. Home
  2. Browse Decisions
  3. N.E.2d
  4. 778 N.E.2d
  5. 778 N.E.2d 1285 (2002)
 

BUNCH v. STATE

No. 79S02-0205-PC-293.

778 N.E.2d 1285 (2002)

Alan BUNCH, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

November 26, 2002.

Attorney(s) appearing for the Case

Earl McCoy, Lafayette, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Jodi Kathryn Stein, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that in order to establish the affirmative defense of waiver the State must raise it in its pleading in a post-conviction relief proceeding and carry the burden of proof on the issue in the trial court. However, a court on appeal may nevertheless find, sua sponte or at the suggestion of a party, that the issue presented in a post-conviction petition was waived...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases