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GARRETT v. STATE

No. 49S04-1207-PC-431.

992 N.E.2d 710 (2013)

Juan M. GARRETT, Appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Supreme Court of Indiana.

August 28, 2013.

Attorney(s) appearing for the Case

Stephen T. Owens , Public Defender of Indiana, Randy A. Elliott , Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Richard C. Webster , Deputy Attorney General, Andrew A. Kobe , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

RUCKER, Justice.

We hold that the "actual evidence" test announced in Richardson v. State, 717 N.E.2d 32 (Ind.1999) is applicable to cases in which there has been an acquittal on one charge and retrial on another charge after a hung jury. We conclude however that the post-conviction court properly denied the petitioner's claim that counsel rendered ineffective assistance in failing to pursue this issue at trial or on direct...

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