Shaw v. Wilson

Dist. Ct. erred in denying defendant’s habeas petition challenging his murder conviction on ground that his appellate counsel was ineffective for failing to raise state law issue regarding statutory limitation on state’s ability to amend instant information from original charge of aggravated battery to murder. Record showed that appellate counsel raised reasonable doubt issue that had virtually no chance for success while failing to raise statutory amendment issue that seemed to preclude govt. from amending information because govt.’s motion to amend was filed after statutory deadline. Fact that trial court gave defendant’s trial counsel two months to prepare for murder charge did not preclude defendant from establishing prejudice arising out of appellate counsel’s failure to raise amendment issue since instant continuance was not suitable remedy where, under Indiana Supreme Court precedent, defendant was likely entitled to dismissal of charge.