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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.

ATTORNEYS FOR APPELLANT: GREGORY F. ZOELLER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

ATTORNEY FOR APPELLEE: KEVIN McSHANE Indianapolis, Indiana

FILED
Nov 19 2009, 9:30 am
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA
STATE OF INDIANA, Appellant-Respondent, vs. NATALIE MEDLEY, Appellee-Petitioner. ) ) ) ) ) ) ) ) )

No. 49A02-0906-PC-505

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Kurt Eisgruber, Judge The Honorable John Boyce, Master Commissioner Cause No. 49G01-0202-PC-57923

November 19, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

CRONE, Judge

Case Summary The State of Indiana appeals the grant of Natalie Medleys petition for post-conviction relief. We reverse. Issues The State raises three issues, which we consolidate and restate as follows: I. Whether the post-conviction courts conclusion that Medleys trial counsel rendered ineffective assistance is clearly erroneous; and Whether the post-conviction courts alternative relief violates the Indiana Constitutions separation of powers. Facts and Procedural History In an unpublished decision, another panel of this Court recited the following facts on direct appeal: The record reveals that on December 16, 2001, Medley and Marshaun Buggs went to the home of Medleys ex-boyfriend, Reggie Moore. After Medley knocked on the door and Moore opened it, Buggs charged into the apartment and stabbed Moore. While Moore was lying on the floor, Buggs continued to stab him several times. During this time, Medley was searching through the apartment for money, guns, and anything else of value. Medley and Buggs fled the apartment after Moore had been killed. Buggs threw the knife away on the way back to Medleys apartment and they disposed of their bloody clothing. Moores decomposing body was found on December 22, 2001, by his brother. Marion County Sheriffs detectives contacted Medley on December 23 to discuss Moores murder. On February 25, 2002, the detectives obtained a search warrant for Medleys apartment and searched it on February 26. Medley was arrested after an automatic weapon and evidence of illegal drug use and dealing were found. Medley was advised of her rights and initially told police that she was not involved in Moores murder. On February 27, 2002, Medley was again advised of her rights and then gave a statement in which she admitted that she and Buggs were involved in Moores murder.
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II.

Medley v. State, No. 49A02-0210-CR-870, slip op. at 2-3 (Ind. Ct. App. July 8, 2003). On February 28, 2002, the State charged Medley as follows: Count I, murder, a felony;1 Count II, murder, a felony;2 Count III, class A felony conspiracy to commit robbery;3 Count IV, class C felony possession of cocaine and a firearm;4 Count V, class D felony possession of cocaine;5 Count VI, class A misdemeanor possession of marijuana;6 and Count VII, class C felony assisting a criminal.7 Medley was represented by Brian Salwowski at her jury trial. At the start of trial, Medley made an oral motion to suppress the evidence of her February 27 statement to the police. She claimed that she was under duress and was extremely medicated on the drug Vicodin which she had received from another inmate. After conducting a hearing, the trial court denied the motion. During the trial, Medley renewed her objection to the evidence. Id., slip op. at 3. The jury found Medley guilty on Counts I and III-VII and not guilty on Count II. The trial court reduced the conviction for conspiracy to commit robbery from a class A felony to a class C felony and merged Count IV into Count V based on double jeopardy considerations. "The trial court sentenced Medley to 60 years for the felony

Ind. Code

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