Finding no juror misconduct or any fundamental error in the admission of certain testimony during a man’s trial for molesting his daughter, the Indiana Court of Appeals upheld his multiple molestation convictions. He will also have to file a petition for post-conviction relief to challenge his habitual offender adjudication.
Acknowledging that the state is correct when it claims the Indiana Court of Appeals relied on the wrong Supreme Court decision in affirming the denial of a petition for post-conviction relief, the appellate court issued a new opinion Wednesday.
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”
A man who was convicted of multiple felonies related to a two-day instance of domestic violence in which he “terrorized” his girlfriend in their apartment will be resentenced on a lesser charge on one conviction.
A Morgan County man failed to convince a Court of Appeals panel that ineffective assistance of counsel and prosecutorial misconduct should entitle him to relief from a child molestation conviction.
Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.
A man’s 2002 guilty plea to a habitual traffic violator offense will be set aside after the Indiana Supreme Court held his 1989 conviction in Fayette County constituted a material error.
A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.
The Indiana Court of Appeals upheld the denial of a petition to remove a convicted child molester from the sex offender registry, finding the Sex Offender Registration Act is non-punitive as applied to him.
The Indiana Court of Appeals has denied George Cole’s petition for permission to file a belated notice of appeal following his 1963 murder conviction of a cab driver in Indianapolis and life sentence.
Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.
An Evansville police officer who killed his mistress more than 20 years ago wasn’t able to convince the Indiana Court of Appeals Wednesday that he is entitled to post-conviction relief.
A LaPorte County man with a lengthy criminal history couldn’t convince the Indiana Court of Appeals that he is entitled to post-conviction relief due to ineffective assistance from his trial and appellate attorneys.
The Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to his attorney’s death from cancer shortly after the sentencing hearing.
A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.
Two men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled Monday.
A man originally sentenced to die for the 2006 murders of a mother and her 8- and 13-year-old daughters will continue to serve his converted sentence of life without parole after the Indiana Supreme Court on Thursday afternoon affirmed a trial court’s denial of post-conviction relief.
The Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
Former Secretary of State Charlie White says his convictions on six charges ranging from vote fraud to theft should be tossed because they violated state and federal law. He also claims that his lawyer, former Marion County Prosecutor Carl Brizzi “was ignorant of the law.”
A Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the Indiana Supreme Court ruled Tuesday.