ILNews

High court vacates transfer order

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The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.

The justices, who took the case Kevin Taylor v. State of Indiana, No. 20S04-1009-PC-477, in September, vacated their order granting transfer after further review, including oral arguments. They reinstated the Indiana Court of Appeals decision in a Nov. 5 order posted online this week. Chief Justice Randall T. Shepard wanted the Supreme Court to keep jurisdiction over the case.

The lower appellate court held that Taylor met his burden of showing the post-conviction court erred by ruling his counsel hadn’t performed deficiently. Taylor argued his attorney was ineffective for not objecting to the final instructions, which didn’t instruct on the elements of robbery. He was convicted of felony murder during a robbery.

The Court of Appeals split on whether Taylor was prejudiced by his attorney’s performance. The majority remanded for a new trial.

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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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