The 7th Circuit Court of Appeals has rejected a man’s petition for collateral relief based on ineffective assistance of counsel because the man failed to allege facts that proved his public defender did not provide proper counsel.
A doctrine allowing prisoners to bring ineffective assistance of counsel claims after a procedural default at the state level applies in Indiana and, thus, entitles a convicted murderer to an evidentiary hearing on his ineffective counsel claim, a divided 7th Circuit Court of Appeals decided Wednesday.
The appointed public defender for a man convicted and sentenced for distributing cocaine tried to advise his client to accept a plea agreement, so that client cannot appeal on the basis of ineffective assistance of counsel, the 7th Circuit Court of Appeals ruled Wednesday.
A defense attorney who has since been disbarred prejudiced his absent client when he referred to him as a “Negro” before potential jurors, a judge wrote, but the offending word wasn’t enough for the Court of Appeals to grant post-conviction relief.
The Indiana Court of Appeals will not reverse a decision to deny a man’s petition for post-conviction relief after he was convicted of three counts of felony robbery, despite his argument that the third charge of felony robbery was added against him in an untimely manner.
The 7th Circuit Court of Appeals has upheld a foster father’s conviction of molesting his former foster daughter after the foster father claimed that his counsel at trial was ineffective in a manner that was prejudicial.
The habeas corpus petition by a prisoner at the Miami Correctional Facility was correctly denied in federal court, the 7th Circuit Court of Appeals held Monday. The man argued his appellate counsel provided ineffective assistance of counsel regarding his habitual offender adjudication.
The Indiana Court of Appeals rejected a man’s assertion that he received ineffective assistance of counsel because his attorney didn’t object to the validity of the order placing him on probation.
The Indiana Court of Appeals reversed and remanded the denial of a man’s post-conviction relief petition, finding his trial counsel was ineffective and his petition was not barred by laches.
The Indiana Court of Appeals upheld the denial of a man’s post-conviction relief petition after it found any ineffectiveness of counsel the man received did not affect the outcome of his case in his decision to plead guilty to Class A felony neglect of a dependent.
The 7th Circuit Court of Appeals ruled in a split decision the Indiana Court of Appeals did not make any error in federal law when it upheld a man’s consecutive 40-year sentences for three convictions of child molestation.
The Indiana Court of Appeals reduced a man’s aggregate sentence by three years after it found he was denied effective assistance of counsel when his counsel did not bring up a statutory limitation issue.
Refusing to second-guess trial strategy, the Indiana Court of Appeals found an East Chicago man did not meet his burden to prove he had ineffective counsel.
Refusing to second-guess trial strategy, the Indiana Court of Appeals found an East Chicago man did not meet his burden to prove he had ineffective counsel.
A man who pleaded guilty in federal court to drug charges is unable to challenge his sentence on appeal based on this plea agreement, the 7th Circuit Court of Appeals ruled Friday.
Two typewritten letters and handwritten notes between a now-deceased defense attorney and a former prosecutor have divided the Indiana Court of Appeals over whether a plea agreement had actually been negotiated.
The Supreme Court of the United States says a Michigan man convicted of murder and armed robbery does not deserve a new trial even though his lawyer was absent for 10 minutes during the original trial.
An Indianapolis woman convicted of killing six children and a man in a wrong-way, head-on collision along a state highway will not get a new trial, a judge has ruled.
The Indiana Court of Appeals affirmed a man’s conviction of Class D felony possession of marijuana in excess of 30 grams after finding that the claims he wanted his attorney to raise at trial would not have prevailed.
The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.