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THOMAS v. STATE

No. 46A04-0306-PC-295.

803 N.E.2d 1218 (2004)

Lawrence THOMAS, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

Transfer Granted May 28, 2004.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Mario Joven, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Richard C. Webster, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAILEY, Judge.

Case Summary

Appellant-Petitioner Lawrence Thomas ("Thomas") appeals the denial of his petition for post-conviction relief. We reverse and remand.

Issue

Thomas raises five issues, the following one of which we find dispositive: Whether he received ineffective assistance of trial counsel when counsel failed to object to a jury instruction on felony murder, which did not delineate the elements of the underlying...

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