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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. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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