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KELLY v. STATE

No. 30A04-1006-PC-408.

952 N.E.2d 297 (2011)

Kenneth KELLY, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

July 29, 2011.

Attorney(s) appearing for the Case

Kenneth Kelly , Carlisle, IN, Appellant Pro Se.

Gregory F. Zoeller , Attorney General of Indiana, J.T. Whitehead , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BROWN, Judge.

Kenneth Kelly, pro se, appeals the post-conviction court's denial of his petition for post-conviction relief. Kelly raises four issues, one of which we find dispositive and restate as whether the trial court erred in summarily denying Kelly's petition. We reverse and remand.

The relevant facts follow. On August 25, 2004, the State charged Kelly with murder. Kelly pled guilty.1 On December...

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