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Trial court ordered to determine if man was diligent in pursuing appeal

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The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.

Willie Huguley was convicted of three charges of child molesting in 1999. His attorney filed a timely appeal, but he later petitioned the COA to terminate the appeal and remand the cause to the trial court to let Huguley seek post-conviction relief regarding ineffective assistance of trial counsel. The appellate court granted the petition, terminated the appeal, and remanded to the trial court. The post-conviction court denied his petition for relief, and no notice of appeal of that decision was ever initiated.

Eight years later, Huguley’s present attorney filed a petition for belated perfection of appeal. Huguley claimed he was unaware that his request for post-conviction relief was denied or that no notice of appeal was filed. He argued he was diligent in determining why his appeal wasn’t pursued.  

The Court of Appeals concluded that Huguley is unable to appeal the denial of his petition for post-conviction relief, but that his original appeal may be “revived.” The judges found that Huguley met the requirements under Indiana Post Conviction Rule 2(3) and sent the issue back to the trial court to allow Huguley the opportunity to make a factual case to support his allegations.

If the trial court finds in favor of Huguley, then he may continue his appeal as originally initiated, the judges held in Willie Huguley v. State of Indiana, No. 49A02-1105-CR-413.

 

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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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