2 N.E.3d 737
Ind. Ct. App.2013Background
- In November 2008 Greene allegedly terrorized his girlfriend, Brenda Johnson, over two days; during the episode he strangled her until she lost consciousness and she was later found in the living room, having been moved from the bedroom.
- Greene was convicted of multiple offenses, including criminal confinement as a Class B felony (charged under the "removal" prong of the statute alleging the removal resulted in serious bodily injury — loss of consciousness).
- On direct appeal the appellate panel initially analyzed the wrong grade (Class D) but ultimately affirmed the Class B conviction; a dissent argued the State failed to show the loss of consciousness resulted from the removal.
- Greene filed a post-conviction petition arguing trial and appellate counsel were ineffective for failing to cite Long v. State and related authority in a sufficiency challenge to the Class B enhancement.
- At the post-conviction hearing counsel testified they were unaware of Long and would have relied on it; the post-conviction court granted relief, concluding counsel’s omission was prejudicial.
- The appellate court affirmed, holding Long and Redman require evidence that the serious bodily injury "resulted from" the removal (i.e., injury must be tied to the act of removal), and reduced Greene’s conviction to Class D and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial and appellate counsel were ineffective for failing to cite Long when challenging sufficiency of evidence for Class B criminal confinement | Greene: Counsel’s failure to cite Long was deficient and prejudicial because Long/Redman require the State to show the serious bodily injury resulted from the removal | State: Long is legally/factually distinct and does not support vacating a Class B conviction here because injury need not originate during removal | Court: Counsel were ineffective; Long and Redman require a nexus showing the injury resulted from the removal, and here strangulation/unconsciousness occurred before the move, so Class B enhancement cannot stand |
Key Cases Cited
- Long v. State, 743 N.E.2d 256 (Ind. 2001) (reversed Class B confinement where no evidence that serious injury resulted from the removal)
- Redman v. State, 743 N.E.2d 263 (Ind. 2001) (held injuries must be shown to have resulted from the removal to sustain Class B confinement)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong ineffective assistance test: deficient performance and prejudice)
- Timberlake v. State, 753 N.E.2d 591 (Ind. 2001) (deference to counsel strategy; strong presumption of reasonable performance)
- Bieghler v. State, 690 N.E.2d 188 (Ind. 1997) (counsel’s failure to raise a meritorious issue can establish ineffective assistance)
- Stevens v. State, 770 N.E.2d 739 (Ind. 2002) (counsel’s failure to adequately research or present a meritorious claim can be ineffective assistance)