Earlier this month, a 3-2 majority of the Indiana Supreme Court granted post-conviction relief to noncitizen Angelo Bobadilla, finding deficient counsel performance and prejudice. But dissenting justices raised concerns about the ruling inappropriately expanding the PCR analysis.
Indianapolis attorneys had spent years — one nearly two decades — trying to secure justice for Domineque Ray, an inmate on Alabama’s death row. Their efforts were defeated Feb. 7, when Ray was executed before their eyes.
Despite a trial attorney’s failure to include a pretrial transcript in the record on a defendant’s direct appeal, the defendant is not entitled to post-conviction relief because the Indiana Court of Appeals would not have found prejudice in the attorney’s performance, the court ruled Friday in addressing the case for the second time.
A man seeking relief from his convictions was rejected when the Indiana Court of Appeals affirmed the denial of his petition, finding he was too late after delaying his filing 15 years.
The Indiana Supreme Court chose to grant transfer to three cases during the past week, including commitments to the Indiana Department of Corrections. The court also granted transfer and decided a case granting relief to a deported “Dreamer.”
A Mexican immigrant who was living in the United States under the Deferred Action on Childhood Arrivals policy and who was deported after pleading guilty to misdemeanor charges has won relief from the Indiana Supreme Court, which overturned the denial of post-conviction relief in a divided opinion Tuesday.
The Indiana Court of Appeals on Thursday upheld the denial of a post-conviction relief for a pro se litigant who argued he was denied a fair hearing seeking relief from multiple child molesting convictions.
A man who pleaded guilty at age 15 lost his appeal on a motion to set aside his murder and attempted murder convictions when the Indiana Court of Appeals found he should have filed his argument as a claim for post conviction relief.
Counsel for a man sentenced to death for two separate murders and 65 years in prison for a third argued his representation was ineffective in the first two cases when prior counsel failed to adequately investigate and present evidence of a traumatic brain injury the man had sustained.
The dismissal of a suit brought against Indiana Court of Appeals Chief Judge Nancy Vaidik, the clerk of Indiana’s appellate courts and two Department of Correction employees has been affirmed, with a panel of the COA finding judicial immunity and insufficient facts bar the case from proceeding.
The Indiana Court of Appeals will hear arguments this week in a murder case and on two post-conviction petitions.
The Indiana Court of Appeals errantly dismissed a man’s post-conviction relief case, the Indiana Supreme Court ruled, reinstating the man’s case last week and remanding it to the lower appellate court. Justices on Tuesday granted transfer in Kenny Green v. State of Indiana, 18S-PC-562, for the purpose of reinstating Green’s PCR case in the Indiana Court of Appeals with instructions to establish a briefing schedule for review of his appeal on the merits.
A trial court’s decision to decline to provide a criminal defendant with an electronic recording of his trial has been upheld, with the Indiana Court of Appeals ruling the defendant did not have a right to the electronic copy because he already had received the trial transcript.
The Indiana Supreme Court has upheld the denial of post-conviction relief for a convicted child murderer and arsonist sentenced to death, finding that while the man’s counsel did make mistakes, those mistakes did not rise to the Strickland level of deficient performance. However, Chief Justice Loretta Rush dissented and would have allowed the case to proceed to a new penalty phase.
The Indiana Court of Appeals reversed the denial of an inmate’s permission to file a belated notice of appeal when it found he was an eligible defendant under to Post-Conviction Rule 2.
The Indiana Court of Appeals reversed a post-conviction court’s ruling after it found a special judge erred when he granted his own motion to correct error based on his belief he did not have the authority to accept an agreement between the defendant and the state.
Post-conviction relief was revoked from a man convicted of murder and sentenced to 141 years in prison after the Indiana Court of Appeals found res judicata barred him from making a claim for relief.
The 7th Circuit Court of Appeals reinstated a convicted killer’s habeas petition Monday, vacating a decision in the first Indiana case involving a laches dismissal stemming from a defendant’s post-filing delay in prosecuting a state court post-conviction case.
A mentally disabled man challenging his conviction in a 2002 Elkhart murder has moved to withdraw his petition to vacate judgment in favor of filing a successive petition for post-conviction relief.
A man convicted of multiple felony counts in 2011 and sentenced to an aggregate of 35 years in prison failed to convince the Indiana Court of Appeals that he was entitled to post-conviction relief under a Proportionality Clause theory.