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Appeals court affirms post-conviction relief not justified for rapist

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A man who pleaded guilty in 1997 to raping his 6-year-old daughter committed a crime so heinous that his sentence of 50 years in prison was justified, and he raised no issues in a post-conviction relief appeal on which the sentence could be reduced.

The Indiana Court of Appeals affirmed Juan Manzano’s conviction on direct appeal in 1998, and on Tuesday affirmed denial of his petition for post-conviction relief in Juan Manzano v. State of Indiana, 48A02-1310-PC-905.

Manzano argued that he received ineffective assistance of counsel and that he had planned an intoxication defense. He also argued that his counsel failed to suppress DNA evidence and a statement after his arrest. He also faulted counsel for failing to object to improper aggravators at sentencing, where he received the maximum sentence for his Class A felony guilty plea.

Judge Paul Mathias wrote for the panel that affirmed denial of relief, repeatedly referring to the nature of the crime.

“Manzano was not subjected to ineffective assistance of trial counsel during the sentencing proceedings because his heinous offense and the horrific injury to his six-year-old daughter supports the maximum sentence imposed,” Mathias wrote.

 

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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