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Judges affirm denial of post-conviction relief

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The Indiana Court of Appeals has upheld the denial of a man’s request for post-conviction relief because he couldn’t prove that his trial or appellate counsel were ineffective.

In Anthony Hogan v. State of Indiana, No. 20A03-1103-PC-158, Anthony Hogan had been convicted of criminal deviate conduct, attempted rape, battery resulting in serious bodily injury, and being a habitual offender. On direct appeal, the COA vacated his battery conviction on double jeopardy grounds. He then sought post-conviction relief pro se.

Hogan claimed his trial and appellate counsel failed to argue that a statement that he made to a detective was inadmissible for any purpose because it was involuntary; his trial counsel didn’t advise him of his right to a jury trial on the habitual offender charge, and appellate counsel should have argued that the record was devoid of evidence of a valid waiver of that right; and his trial counsel should have requested an instruction on criminal deviate conduct as a Class B felony as a lesser-included offense of the Class A felony criminal deviate conduct charge, and appellate counsel should have raised the issue as fundamental error.

The appellate court found that Hogan was correct that his statement couldn’t be used unless it was taken voluntarily, but he didn’t present any evidence that it was involuntary. He was also correct that an advisement of his right to a jury trial on the habitual offender charge and his personal waiver should have been made on the record, but he failed to show that he was prejudiced by this, the court found.

Hogan also didn’t show that his trial attorney’s decision not to tender an instruction on a lesser-included offense was an unacceptable strategy or that the appellate counsel should have raised the issue as a fundamental error.


 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

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  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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