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THOMAS v. STATE

No. 46S04-0405-PC-233.

827 N.E.2d 1131 (2005)

Lawrence THOMAS, Appellant (Plaintiff below), v. STATE of Indiana, Appellee (Defendant below).

Supreme Court of Indiana.

May 31, 2005.

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.

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 46A04-0306-PC-295.

SULLIVAN, Justice.

The Court of Appeals held that Lawrence Thomas had been the victim of ineffective assistance of trial counsel and was entitled to have his conviction for Murder set aside. The basis for this conclusion was that his lawyer had not objected when the trial court did not instruct the jury on the specific elements of the crime of dealing in cocaine, the felony...

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