LACEY v. STATE

No. 49S04-0502-PC-57.

829 N.E.2d 518 (2005)

William LACEY, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Supreme Court of Indiana.

June 23, 2005.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Liisi Brien, Deputy Public Defender, Indianapolis, for Appellant.

Steve Carter, Attorney General of Indiana, Daniel Jason Kopp, Deputy Attorney General, Indianapolis, for Appellee.


SULLIVAN, Justice.

Petitioner William Lacey was convicted in March, 1998, of the robbery of a Kroger grocery store and carrying a handgun without a license. The parties agree that the evidence at trial indicated that the man who robbed the store wore a baseball hat and that the police found the hat on the ground outside the store following the robbery. In June, 1999, Lacey filed a pro se petition for post-conviction relief. In August,

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