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16-3233 - GARRETT v. KNIGHT

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16-3233 - GARRETT v. KNIGHT
May 10, 2018
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Entry Discussing Petition for a Writ of Habeas Corpus and Directing Further Proceedings - Petitioner Eqwan Garrett was found guilty of several crimes following a jury trial in Marion County, Indiana. He is currently serving a 43-year sentence for these crimes. Mr. Garrett now seeks a writ of habeas corpus. For the reasons explained in this Entry, Mr. Garrett's petition for a writ of habeas corpus is denied in part with respect to grounds one, two, three and four. See infra p. 6. The respondent is directed to further brief the claims raised in ground five consistent with the instructions in section III. C. The respondent is directed to brief whether or not the arguments in Ground 5 subparts 1, 2, 4, and 6, [dkt. 5, pp. 5-6], are procedurally defaulted because they were adequately raised in his petition for post-conviction relief. In the event Mr. Garrett is able to overcome procedural default of trial counsel claims based on ineffective assistance of post-conviction counsel, the respondent is directed to also brief whether trial counsel was ineffective for failing to take the actions Mr. Garrett alleges were ineffective. The respondent shall have through June 8, 2018, to file a supplement brief. The petitioner shall have twenty-one days from the filing of the respondent's brief to file a reply. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 5/10/2018.(APD)