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COA: Sentencing court must hear inmate’s habeas petition

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A man serving a 60-year murder sentence at the Pendleton Correctional Facility must seek relief in the court where he was sentenced, the Indiana Court of Appeals ruled Monday.

Marcus Richardson was convicted of murder and conspiracy to commit murder in 1994 in Marion County, but he claims he has unsuccessfully attempted multiple times to obtain an arrest warrant and probable cause affidavit related to his case.

He filed a verified petition for writ of habeas corpus last year in Madison Superior Court, and filed a pro se appeal when that court transferred the petition to the court where he was convicted and sentenced.

“As Richardson’s petition attacks the validity of his conviction and sentence, it falls within Indiana Post-Conviction Rule 1(1)(c) and must be transferred to the sentencing court,” Judge Melissa May wrote in Marcus Richardson v. Wendy Knight, 48A04-1312-MI-625.
 
“The trial court did not err when it transferred Richardson’s petition to the sentencing court, and accordingly we affirm.”

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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.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  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.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  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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