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HARRIS v. STATE

No. 48S04-0702-PC-72.

861 N.E.2d 1182 (2007)

Robert E. HARRIS, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Supreme Court of Indiana.

February 27, 2007.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Kevin R. Hewlate, 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.

On Petition To Transfer from the Indiana Court of Appeals, No. 48A04-0601-PC-38

BOEHM, J.

We hold that appellate counsel is ineffective if counsel fails to provide the trial record establishing facts that support a valid claim raised in the appeal but unsupported by the record provided.

Factual and Procedural Background

On October 9, 1999 at approximately 11 or 11:30 pm, Robert "Kwan" Harris, age 32, and his friend James Common were outside...

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