The Indiana Court of Appeals affirmed that the decision to revoke a defendant's parole because he refused to take a polygraph test wasn't based on an impermissible ex post facto application of state statute.
The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal – either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.
Finding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals today upheld the denial of her petition for post-conviction relief.
A panel of Indiana Court of Appeals judges disagreed that an attorney was ineffective because the majority found the attorney told her client he "should" win the case whereas one judge pointed out in the record the attorney admitted to telling the client he "would" win.
The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.
The Indiana Court of Appeals unanimously reversed the revocation of a man's probation but disagreed as to the manner in which the appellate court was authorized to do so.
The Indiana Supreme Court granted transfer Dec. 16 to a post-conviction case and remanded it to the Indiana Court of Appeals.
The Indiana Supreme Court granted has granted transfer to two cases, including the first case from the Indiana State Bar Association's pro bono appellate program.
Although the Indiana Supreme Court vacated the post-conviction court's grant of a petition for relief, it remanded the issue to determine if it should be granted on other grounds raised in the petition.