MINOR, Thomas C., ) Court of Appeals appellant, ) cause no. 49A02-0202-PC-169 v. ) ) Supreme Court STATE OF INDIANA, ) cause no. 49S02-0306-PC-259 appellee. )
The Court of Appeals determined that the performance of Minors appellate lawyer was
deficient, but held that reversal is unwarranted because Minor has not shown that
his conviction was fundamentally unfair or unreliable. 782 N.E.2d at 462,
v. Fretwell, 506 U.S. 364, 369 (1993), and Williams v. State, 706 N.E.2d
149, 154 (Ind. 1999). As the State conceded on rehearing, however, the
analysis of the Court of Appeals failed to take into account the more
recent cases of Williams v. Taylor, 529 U.S. 362 (2000), and Segura v.
State, 749 N.E.2d 496 (Ind. 2001).
In accordance with Ind. Appellate Rule 58(A), we grant transfer of jurisdiction, vacate
the opinion of the Court of Appeals, and remand to the Court of
Appeals for reconsideration of its analysis in light of this more recent authority.
The Clerk is directed to send a copy of this order to the
Marion Superior Court, Criminal Division 3; to the Hon. Sanford M. Brook, Chief
Judge of the Court of Appeals; to Steve Lancaster, Court of Appeals Administrator;
to Janet Roberts Blue, Commissioner of the Court of Appeals; to the Indiana
Attorney General; to the State Public Defender; and to all counsel of record.
Done at Indianapolis, Indiana this 23rd day of June, 2003.
/s/ Randall T. Shepard
Chief Justice of Indiana
All Justices concur.