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
IN THE
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). )
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Alex R. Murphy, Judge Pro Tempore
Cause No. 49G02-8910-CF-123146
April 3, 2002
SHEPARD, Chief Justice.
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 both contentions.
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
ineffective. Sanders v. State, No. 49A02-0104-PC-202, slip op. (Ind. Ct.
App. Oct. 31, 2002).
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.