Judges affirm denial of post-conviction relief
The Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal attorneys’ failure to raise these claims created no prejudice.
Post Conviction
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Appellate court split on ordering new trial for mom
The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.
Judges disagree on impact of caselaw
In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.
Judges affirm denial of post-conviction relief
The Indiana Court of Appeals declined to find an attorney provided ineffective assistance of trial counsel to a man on trial for the second time because that attorney didn’t defend the case in the same manner as did the attorney on the first trial.
Justices address Batson challenges in 2 appeals
The Indiana Supreme Court ruled on two cases Wednesday that stemmed from Batson challenges, and in doing so, articulated the standard of review of such challenges when a defendant raises a Batson challenge at the trial level, but then brings up a different argument on appeal.
Appellate court reverses grant of post-conviction relief
The Indiana Court of Appeals found that the post-conviction court erred when it concluded that a defendant had not knowingly waived his right to counsel.
Judges disagree on state’s ability to appeal
The Indiana Court of Appeals issued a divided ruling Thursday on whether the state could appeal the denial of its motion to correct error after the trial court granted a defendant’s motion to suppress evidence. The majority decided the state’s appeal should be dismissed as untimely.
7th Circuit affirms denial of habeas corpus petition
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
On petition for rehearing, appellate court affirms original opinion in drug case
A man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original opinion affirming the trial court.
Justices rule on Post-Conviction Rule 2
The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.
COA: post-conviction proceedings not equivalent to civil proceedings
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
Court reinstates man’s direct appeal
The Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel the first time he tried to challenge his convictions and sentence.
Trial court used wrong legal standard in revoking probation
The Indiana Court of Appeals has ordered a trial court to use the proper legal standard to determine whether a woman violated her probation when she was arrested for theft. The trial court used a probable cause standard instead of the legal standard of a preponderance of evidence.
7th Circuit upholds embezzlement convictions against ex-mayor
The 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.
Judges uphold man’s convictions, enhanced sentence
The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.
Evidence properly admitted under independent source doctrine
The 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone number on a defendant’s cell phone in 2007 at the man’s trial several years later.
COA sides with appellant in probation violation complaint
The Indiana Court of Appeals has held that when a probation is transferred between Indiana counties, the receiving county assumes supervisory authority over the case.
Judges find ex post facto claim waived
The man who raised a constitutional challenge to the propriety of his conviction of failing to register as a sex offender waived his ex post facto claim when he entered into a plea agreement, the Indiana Court of Appeals held Wednesday.
Man entitled to new probation revocation hearing
The Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”
COA affirms lower court in shoe-killing case
The Indiana Court of Appeals has upheld a post-conviction court’s determination that a man convicted of kicking another man to death cannot appeal his conviction.