Flack v. Ballard (Signed Opinion)Annotate this Case
Petitioner was convicted of first degree felony murder, robbery, and other offenses. Petitioner was sentenced to life with mercy for the murder offense. The Supreme Court affirmed Petitioner’s convictions. Petitioner later filed a pro se habeas petition alleging several grounds for relief. The habeas court granted in part and denied in part Petitioner’s habeas petition, concluding (1) Petitioner failed to prove that he received ineffective assistance or that false evidence had been presented by the State at trial, but (2) Petitioner proved, by a preponderance of the evidence, that he had been improperly sentenced to an additional forty years on his robbery offense because robbery was a lesser-included offense to the first degree felony murder charge. The habeas court then dismissed the robbery conviction. On appeal, both Petitioner and the State assigned error to the habeas court’s rulings. The Supreme Court affirmed in part and reversed in part, holding that Petitioner failed to demonstrate that he was entitled to habeas relief, and the habeas court erred in dismissing Petitioner’s robbery conviction. The court remanded the matter with instructions to reinstate Petitioner’s conviction and sentence for robbery on the terms imposed by the trial court.