ALLEN v. STATE

No. 46A04-1106-PC-353.

959 N.E.2d 343 (2011)

Mario A. ALLEN, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

December 29, 2011.


Attorney(s) appearing for the Case

David E. Vandercoy , Geneva Brown , Kyle Fogwell—Certified Legal Intern, Valparaiso University Law Clinic, Valparaiso, IN, Attorneys for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Ellen H. Meilaender , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

MATHIAS, Judge.

Mario Allen appeals the LaPorte Superior Court's denial of his petition for post-conviction relief. Although Allen agrees with the post-conviction court's finding that he was denied the assistance of appellate counsel, he argues that the proper remedy is a new trial. The State also agrees with the post-conviction court's finding that Allen was denied the assistance of appellate counsel, but claims that the proper remedy is simply...

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