Judges affirm denial of post-conviction relief

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The Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal attorneys’ failure to raise these claims created no prejudice.

Juan Garrett was charged with several offenses, including two counts of rape stemming from an incident in his apartment with the victim and two other men. He was found not guilty of one count of Class A felony rape, and the jury couldn’t reach a verdict on the other Class A felony rape charge. Both charges alleged Garrett raped the victim while armed with a knife.

Garrett was retried on the second rape charge and found guilty of rape as a Class B felony because the victim testified she hadn’t seen anyone touch the knife.

Garrett appealed the conviction, which the COA affirmed. He then filed a petition for post-conviction relief, alleging that his trial and direct appeal attorneys were ineffective because they didn’t raise double jeopardy claims either by filing to dismiss the charges or arguing at retrial that the second rape charge was impermissible. The post-conviction court denied his request.

The judges looked at Garrett’s claims using the federal double jeopardy clause and the state’s constitution to find that the retrial of the second rape charge didn’t violate his Fifth Amendment protection against double jeopardy or the statutory elements test of the Indiana double jeopardy clause.

“If the jury had concluded that the State had failed to prove that neither rape occurred, then it would have acquitted Garrett of both charges of rape. Thus, a rational jury could have grounded its vote to acquit on one count of rape on issues unrelated to the second rape charge. We conclude that collateral estoppel did not bar relitigation of the second count of rape,” wrote Senior Judge Betty Barteau in Juan M. Garrett v. State of Indiana, No. 49A04-1107-PC-410.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...