Jacobs v. State

Summary

The Indiana Supreme Court held that its decision in Ross v. State, which barred double enhancement of a misdemeanor handgun offense through the general habitual offender statute, announced a substantive rule. Accordingly, Ross applied retroactively to cases under post-conviction review. The court directed the post-conviction court to vacate Anthony Jacobs's habitual offender conviction while otherwise affirming.

Holdings

1. Ross announced a substantive rule concerning the punishment authorized by Indiana's criminal statutes and therefore applies retroactively to cases on post-conviction review.
2. The post-conviction court must vacate Jacobs's conviction under the habitual-offender statute.
3. The lower courts properly rejected Jacobs's claims concerning ineffective assistance and the validity of his stipulation.

Questions Presented

1. Whether Ross v. State, which held that a misdemeanor handgun offense elevated to a felony could not also be enhanced under the general habitual-offender statute, applies retroactively to cases on post-conviction review.
2. Whether Ross announced a substantive rule rather than a procedural rule subject to the Daniels-Teague bar on retroactive application.
3. Whether Jacobs was entitled to relief on his additional claims of ineffective assistance of trial and appellate counsel and that his stipulation was illusory or involuntary.

Disposition

other