Decision against trying to bifurcate did not prejudice jury
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.
Post Conviction
Articles
Decision against trying to bifurcate did not prejudice jury
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.
COA declines to extend civil ruling to PCR case
The Indiana Court of Appeals rejected an inmate’s request that In re Adoption of O.R. provides him an option for filing a belated notice of appeal.
Man convicted in swordfight death loses PCR appeal
A man convicted of killing his great-uncle in a 2009 swordfight that also took the life of his grandmother failed Tuesday in his pro se post-conviction relief appeal.
Split COA finds attorney did not provide adequate counsel
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.
Woman sentenced to 215 years for crash deaths loses PCR appeal
A woman who drove the wrong way on State Road 67 near Martinsville and collided with a minivan killing a man and six children in 2000 lost her post-conviction relief appeal Thursday.
Post-conviction relief unavailable for traffic infractions
A man ticketed for a traffic violation and speeding is not entitled to post-conviction relief or relief from judgment, the Indiana Court of Appeals ruled Monday. Post-conviction relief is only available when someone has committed a crime.
No new trial for Indiana woman convicted in deadly crash
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.
No advice from counsel leads to post-conviction relief
A mother’s refusal to convey her son’s threats of harm possibly saved the man from violating Indiana’s intimidation statute.
Woman convicted in deadly wrong-way crash appears in court
Attorneys for an Indianapolis woman convicted of killing six children and a 40-year-old man in a head-on traffic collision asked a judge for a new trial Thursday, arguing in part she had inadequate legal counsel.
Man didn’t prove ineffective assistance of counsel
The Indiana Supreme Court affirmed the denial of post-conviction relief for a man who charged his attorney was ineffective for not doing a better job arguing the sufficiency of the evidence to prove the defendant conspired to commit dealing cocaine.
Woman convicted in deadly crash returning to court
A woman convicted 13 years ago of killing seven people in a head-on collision that prosecutors said was a suicide attempt is headed back to court.
Judges affirm denial of child molester’s PCR petition
The Indiana Court of Appeals decided Wednesday that it did have jurisdiction to hear a prisoner’s petition for post-conviction relief that was filed 31 days after the trial court denied him relief. But the man was unsuccessful before the appellate court.
Justices reverse grant of post-conviction relief
The Indiana Supreme Court on Wednesday rejected a defendant’s claim that his attorneys were ineffective for not arguing that, based on a Supreme Court case, his conviction for Class B felony criminal confinement should be reversed or reduced. But the man inappropriately relies on the case, and what he claims his attorneys should have argued is not the law.
Defendant loses on ineffective counsel claim
A defendant did not show that he was denied the effective assistance of appellate counsel, so the court correctly denied his petition for post-conviction relief, the Indiana Court of Appeals ruled.
Justices reverse conviction and sentence enhancement related to handgun
Because a man’s firearm enhancement is based on the same behavior used to convict and sentence him for carrying a handgun without a permit, the Indiana Supreme Court vacated the conviction and five-year enhancement.
Court affirms denial of post-conviction relief
An Elkhart County man twice convicted and sentenced to 50 years in prison on drug convictions was not improperly denied post-conviction relief, the Indiana Court of Appeals ruled Wednesday.
Appeals court affirms denial of post-conviction relief
A man who was represented by a law student at his guilty plea hearing and claimed he received ineffective assistance of counsel could not persuade a panel of the Indiana Court of Appeals to reverse a denial of his petition for post-conviction relief.
Appeals court affirms post-conviction relief not justified for rapist
A man who pleaded guilty in 1997 to raping his 6-year-old daughter committed a crime so heinous that his sentence of 50 years in prison was justified, and he raised no issues in a post-conviction relief appeal on which the sentence could be reduced.
Court upholds man’s molestation convictions
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.