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Judges affirm denial of post-conviction relief

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The Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana Evidence Rule.

Larry Mitchell pro se challenged the denial of his petition for post-conviction relief following his convictions of felony murder, robbery, and related offenses. While he sought relief on claims of ineffective assistance of trial and appellate counsel, he never offered the original transcript into evidence at the post-conviction hearing. Mitchell also didn’t ask the judge to take notice of the original transcript, which is allowed under Indiana Evidence Rule 201(b)(5), effective Jan. 1, 2010.

This amendment allows courts to judicially notice records beyond those in the cases before them, the Court of Appeals has ruled in recent cases involving the rule amendment. Before the amendment, a post-conviction court couldn’t take judicial notice of the original proceedings absent an exceptional situation.

“Accordingly, we understand amended Evidence Rule 201(b)(5) to allow a post-conviction court to judicially notice the transcript of the evidence from the petitioner’s underlying criminal proceedings to appraise counsel’s performance and evaluate claims of ineffective assistance,” wrote Judge Nancy Vaidik in Larry D. Mitchell v. State of Indiana, No. 49A02-1003-CR-340.  

But Mitchell never asked the court to take judicial notice of the record any time before the court’s Feb. 8, 2010, order that denied relief. In addition, the court didn’t judicially notice the record sua sponte, so the trial record was never before the post-conviction court for consideration. His claims of ineffective assistance of counsel were fact-sensitive allegations that required examination of the trial record, Judge Vaidik continued.

The judges also held the post-conviction court didn’t error by issuing its judgment denying relief before Mitchell’s deadline for submitting proposed findings of fact and conclusions of law, and the court didn’t err in denying his motion to withdraw his petition of post-conviction relief without prejudice.

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

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  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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