Antwain Henley, Appellant (petitioner Below) v. State of Indiana, Appellee (respondent Below)

Summary

The court held that the trial court did not abuse its discretion by denying Henley's request for standby counsel to deliver closing argument, and appellate counsel was not ineffective for omitting that issue or for failing to challenge an unpresented sentencing mitigator. It held, however, that appellate counsel was ineffective in presenting Henley's attempted-murder sufficiency claim because a cogent argument would have resulted in reversal of that conviction. The court remanded with instructions to vacate the attempted-murder conviction and sentence while affirming the post-conviction judgment in all other respects.