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Justices rule on Post-Conviction Rule 2

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The Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition to file a belated direct appeal.

In Antoine Hill v. State of Indiana, No. 45S03-1105-PC-283, Antoine Hill’s attorney, Tasha Reed, filed a PCR 2 petition, asking permission to file a belated notice of appeal of Hill’s 52-year sentence following a guilty plea. The trial court denied permission and Reed did not timely appeal the denial. Through a different counsel, Hill filed a PCR 1 petition, alleging that Reed was ineffective for not timely appealing the denial of permission to file a belated notice of appeal. The trial court denied the petition, concluding that Hill couldn’t satisfy the ineffective assistance of counsel test set forth in Strickland v. Washington, 466 U.S. 668 (1984).

The Indiana Court of Appeals reversed and ordered the trial court to grant the PCR 1 petition so Hill could appeal the denial of his PCR petition. The COA also used the standard set forth in Baum v. State, 533 N.E.2d 1200 (Ind. 1989), to hold that Reed’s performance prevented Hill from appealing the PCR 2 petition denial.

Chief Justice Randall T. Shepard and Justices Brent Dickson, Robert Rucker and Steven David – who authored the majority opinion – agreed that the attorney performance standard from Baum should be used to judge the performance of a PCR 2 counsel. Shepard, David and Dickson held that Reed in this case didn’t violate Baum because she represented Hill in a procedurally fair setting which resulted in a judgment of the court.

Rucker dissented on this point, agreeing with the COA decision that would allow Hill to appeal the denial of his petition to file a belated appeal.

Justice Frank Sullivan concurred in result with the majority in affirming the denial of Hill’s PCR 1 petition, but wrote separately to dissent from the standard used by the other justices. He is in favor of using the standard outlined in Strickland.

 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

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  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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