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Sanders v. State

Anthony SANDERS, Appellant (Petitioner Below), v. STATE of Indiana, Appellee (Respondent Below)

Sanders v. State, 765 N.E.2d 591 (Ind. 2002)
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Court
Indiana Supreme Court · State Highest Courts
Decided
April 3, 2002
Docket
No. 49S02-0204-PC-223
Judges
Shepard, Dickson, Sullivan, Boehm, Rucker
Citations
765 N.E.2d 5912002 Ind. LEXIS 2732002 WL 497356

Opinion — Shepard

SHEPARD, Chief Justice.

Appellant Anthony Sanders was convict, ed of dealing in cocaine during a 1991 trial and found to be an habitual offender. The Court of Appeals affirmed. Sanders v. State, No. 49A02-9112-CR-563, slip op., 597 N.E.2d 890 (Ind.Ct.App. July 30, 1992).

Sanders sought post-conviction relief, asserting that the form of the "oF" ' *592 offender instruction was fundamental error and that trial and appellate counsel had been ineffective in failing to raise the error. The post-conviction court ruled against Sanders on both contentions.

The Court of Appeals reviewed the merits of both claims. It held that there had been no fundamental error and that counsel had not been ineffective. Sanders v. State, No. 49A02-0104-PC-202, slip op., 759 N.E.2d 278 (Ind.Ct.App. Oct. 81, 2001).

It was wrong to review the fundamental error claim in a post-conviction proceeding. As we explained in Canaan v. State, 683 N.E.2d 227 , 285 n. 6 (Ind.1997), the fundamental error exception to the contemporaneous objection rule applies to direct appeals. In post-conviction proceedings, complaints that something went awry at trial are generally cognizable only when they show deprivation of the right to effective counsel or issues demonstrably unavailable at the time of trial or direct appeal.

We summarily affirm the Court of Appeals with respect to ineffective assistance of counsel. Ind. Appellate Rule 58(A)(2).

The post-conviction court is affirmed.

DICKSON, SULLIVAN, and BOEHM, JJ., concur.

RUCKER, J., concurs in result.

How later courts describe this case

Explanatory parentheticals written by citing courts — 6 in all; the most informative distinct ones are shown.

Cited by 110 cases

View all citing references →
2002: 72003: 122004: 92005: 62006: 52007: 22008: 42009: 22011: 22012: 62013: 132014: 52015: 112016: 72017: 62018: 72019: 32020: 22023: 120022026peak 2013 · 13

Relies on it most ⓘ

  1. Woodson v. State778 N.E.2d 475 (Ind. Ct. App. 2002)
  2. Davis v. State775 N.E.2d 1182 (Ind. Ct. App. 2002)
  3. Jackson v. State786 N.E.2d 748 (Ind. Ct. App. 2003)
  4. Ross v. State877 N.E.2d 829 (Ind. Ct. App. 2007)
  5. Dawson v. State810 N.E.2d 1165 (Ind. Ct. App. 2004)
  6. Keith Scruggs v. State of IndianaNo. 49A05-1307-PC-341 (Ind. Ct. App. June 5, 2014)

Most recent

  1. Jarrard v. WardenNo. 3:22-cv-00724 (N.D. Ind. May 15, 2023)
  2. Genaro Garcia v. State of Indiana (mem. dec.)No. 19A-PC-1127 (Ind. Ct. App. Aug. 24, 2020)
  3. Hosey L. Whitmore v. State of Indiana (mem. dec.)No. 17A-PC-3039 (Ind. Ct. App. Feb. 13, 2020)
  4. Harold E. Chastain v. State of Indiana (mem. dec.)No. 18A-PC-2799 (Ind. Ct. App. Oct. 16, 2019)
  5. Gregory Johnson v. State of Indiana (mem. dec.)No. 19A-PC-277 (Ind. Ct. App. July 31, 2019)
  6. Robert E. Murphy v. State of Indiana (mem. dec.)No. 53A01-1711-PC-2774 (Ind. Ct. App. Feb. 28, 2019)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Canaan v. State, 683 N.E.2d 227 (Ind. 1997) 103
Lavat v. Fruin-Colnon Corp., 597 N.E.2d 888 (Ill. App. Ct. 1992) 9

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