ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE
Susan K. Carpenter Steve Carter
Public Defender of Indiana Attorney General of Indiana
Ruth Johnson Adam M. Dulik
Deputy Public Defender Deputy Attorney General
Indianapolis, Indiana Indianapolis, Indiana
SUPREME COURT OF INDIANA
ANTHONY SANDERS, ) ) Appellant (Petitioner Below ), ) No. 49S02-0204-PC-223 ) in the Supreme Court v. ) ) No. 49A02-0104-PC-202 STATE OF INDIANA, ) in the Court of Appeals ) Appellee (Respondent Below ). )
April 3, 2002
Appellant Anthony Sanders was convicted of dealing in cocaine during a 1991 trial and found to be an habitual offender. The Court of Appeals affirmed. Sanders v. State, No. 49A02-9112-CR-563, slip op. (Ind. Ct. App. July 30, 1992).
Sanders sought post-conviction relief, asserting that the form of the habitual offender instruction
was fundamental error and that trial and appellate counsel had been ineffective in
failing to raise the error. The post-conviction court ruled against Sanders on
The Court of Appeals reviewed the merits of both claims. It held
that there had been no fundamental error and that counsel had not been
Sanders v. State, No. 49A02-0104-PC-202, slip op. (Ind. Ct. App. Oct.
It was wrong to review the fundamental error claim in a post-conviction proceeding.
As we explained in
Canaan v. State, 683 N.E.2d 227, 235 n.6
(Ind. 1997), the fundamental error exception to the contemporaneous objection rule applies to
direct appeals. In post-conviction proceedings, complaints that something went awry at trial
are generally cognizable only when they show deprivation of the right to effective
counsel or issues demonstrably unavailable at the time of trial or direct appeal.
We summarily affirm the Court of Appeals with respect to ineffective assistance of
counsel. Ind. Appellate Rule 58(A)(2).
The post-conviction court is affirmed.
Dickson, Sullivan, and Boehm, JJ., concur.
Rucker, J., concurs in result.