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Appeals court upholds killer’s PCR denial

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A man convicted of murder in Delaware County is not entitled to post-conviction relief due to ineffective counsel, the Indiana Court of Appeals ruled Friday.

Phillip L. White sought post-conviction relief for the 2004 hit-and-run killing of Ryan Ylovchan, for which White was sentenced to 55 years in prison.

The appeals court previously affirmed White’s conviction, which he appealed on the basis that his confession was not admissible and that the state failed to provide evidence sufficient for his conviction.

In his bid for post-conviction relief, White said his attorney failed to raise the issue of whether his conviction was constitutional under Article I, Section 16 of the Indiana Constitution, commonly referred to as the Proportionality Clause. White argued that the elements of the crime for which he was convicted were identical to the elements of the lesser offense of involuntary manslaughter.

“White cannot demonstrate that his appellate counsel’s performance was deficient. Hence, he likewise cannot demonstrate that he received ineffective assistance from his appellate counsel. We affirm the post-conviction court’s judgment denying White’s petition for post-conviction relief,” Judge Edward Najam Jr. wrote for the unanimous panel.

 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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