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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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