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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Mar 17 2009, 9:21 am
of the supreme court, court of appeals and tax court

ATTORNEYS FOR APPELLANT: SUSAN K. CARPENTER Public Defender of Indiana MARIATERESA CARRELLI Deputy Public Defender Indianapolis, Indiana

CLERK

IN THE COURT OF APPEALS OF INDIANA
EDWARD A. HOBSON, Appellant-Petitioner, vs. STATE OF INDIANA, Appellee-Respondent. ) ) ) ) ) ) ) ) )

No. 49A02-0810-PC-904

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Tanya Walton Pratt, Judge The Honorable John Jay Boyce, Master Commissioner Cause No. 49G01-0107-PC-156387

March 17, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Appellant-Petitioner Edward A. Hobson ("Hobson") appeals the denial of his petition for post-conviction relief, which challenged his conviction for Murder, a felony.1 We affirm. Issue Hobson presents a single issue for review: whether he was denied the effective assistance of trial counsel because counsel failed to tender instructions on lesser-included offenses of voluntary manslaughter, involuntary manslaughter, and reckless homicide. Facts and Procedural History On direct appeal, this Court recited the underlying facts as follows: Edward Hobson and Marcus Curd are both pre-operative transsexuals who dated Troy Wright. Curd believed that Hobson and Wright had an affair while Curd was still dating Wright. According to Hobson, he was unaware of Curd and Wright's relationship when he and Wright began dating. As a result of the love triangle, Curd and Hobson were at odds. Hobson claimed that after Curd discovered Hobson and Wright's relationship, Curd repeatedly called his residence and threatened him several times. Hobson had knowledge that Curd had spent time in prison and had allegedly stabbed other persons in the past. Curd also took responsibility for a break-in at Hobson's apartment. On July 19, 2001, Hobson went with friends Stacie Adair and Shovonyai Jones to The Ten, a bar in Indianapolis. Curd was also at the bar with his cousin, William. Curd and Hobson's first confrontation that night occurred in the parking lot; the confrontation was verbal and lasted approximately five to ten minutes. Curd then went back inside the bar, and Hobson stayed in the parking lot. Later, Hobson entered the bar and had another verbal confrontation with Curd and William. Hobson then approached a security guard and told him that he "needed to get [Curd] out of the club, because he ... would go to jail that night for fighting him."

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Ind. Code

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