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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
Dec 31 2009, 9:47 am
of the supreme court, court of appeals and tax court

CLERK

APPELLANT PRO SE: RAPHAEL I. MILES Putnamville Correctional Facility Greencastle, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
RAPHAEL ISRAEL MILES, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 82A01-0711-PC-529

APPEAL FROM THE VANDERBURGH CIRCUIT COURT The Honorable Carl A. Heldt, Judge Cause No. 82C01-0004-CF-472

December 31, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Raphael Israel Miles ("Miles"), acting pro-se, appeals the dismissal, with prejudice, of his petition for post-conviction relief, contending that he is entitled to a review of his allegations that he received ineffective assistance of trial and appellate counsel. We reverse and remand. Facts and Procedural History On June 4, 2001, Miles was found guilty of two counts of Dealing in Cocaine, as Class B felonies,1 and one count of Dealing in Marijuana, as a Class A misdemeanor,2 and was adjudicated an habitual offender. He received an aggregate sentence of thirty-five years. Miles convictions were affirmed on direct appeal. Miles v. State, 764 N.E.2d 237 (Ind. Ct. App. 2002), trans. denied. On July 22, 2002, Miles filed a pro-se petition for post-conviction relief, alleging that he was deprived of the effective assistance of trial and appellate counsel. He subsequently filed a document entitled "Petition for Post-conviction Relief Underlyings" and an amended petition for post-conviction relief.3 (App. 84.) The State requested that the post-conviction court order the submission of affidavits in lieu of a hearing, and the motion was granted over Miles objection. Miles submitted an affidavit, which the State challenged as being so deficient that Miles had failed to pursue his claim for relief. The post-conviction court, at the

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Ind. Code

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