Ineffective assistance of counsel

Justices reverse grant of post-conviction relief

September 18, 2014
Jennifer Nelson
The Indiana Supreme Court on Wednesday rejected a defendant’s claim that his attorneys were ineffective for not arguing that, based on a Supreme Court case, his conviction for Class B felony criminal confinement should be reversed or reduced. But the man inappropriately relies on the case, and what he claims his attorneys should have argued is not the law.
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Defendant loses on ineffective counsel claim

September 4, 2014
Jennifer Nelson
A defendant did not show that he was denied the effective assistance of appellate counsel, so the court correctly denied his petition for post-conviction relief, the Indiana Court of Appeals ruled.
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Deficient counsel does not overcome convincing evidence

August 26, 2014
Marilyn Odendahl
Even though the 7th Circuit Court of Appeals spelled out in a 17-page opinion what defense counsel should have done during a bench trial, the appellate panel ultimately concluded the deficient representation did not prejudice the case.
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Appeals court affirms denial of post-conviction relief

July 25, 2014
Dave Stafford
A man who was represented by a law student at his guilty plea hearing and claimed he received ineffective assistance of counsel could not persuade a panel of the Indiana Court of Appeals to reverse a denial of his petition for post-conviction relief.
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Appeals court affirms post-conviction relief not justified for rapist

July 15, 2014
Dave Stafford
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.
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COA vacates murder conviction for ineffective assistance

June 30, 2014
Dave Stafford
A woman convicted of a 2006 murder received ineffective assistance of counsel and is entitled to a retrial, the Indiana Court of Appeals ruled Monday, vacating a murder conviction.
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7th Circuit denies convicted murderer habeas relief

June 24, 2014
Jennifer Nelson
An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.
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7th Circuit: Defendant’s counsel not ineffective

June 19, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Thursday declined to find that a defendant’s appointed attorney provided ineffective assistance of counsel requiring the court to vacate or correct his 20-year sentence.
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7th Circuit: Attorney provided effective assistance to man facing drug charges

June 18, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s argument that his trial attorney was ineffective because he failed to object to an interpreter arrangement during a witness’s testimony and chose not to have all of discovery translated into Spanish.
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Defender’s trial strategy trumps inmate’s pro se early-trial request

April 22, 2014
Dave Stafford
A prison inmate who asked for a public defender then said at an initial hearing he wanted to “file for fast and speedy trial too” lost his appeal that argued the court erred by not ruling on his request and his trial counsel was ineffective.
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COA finds attorney was not ineffective

January 28, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”
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Appeals panel affirms denial of post-conviction relief

December 31, 2013
Dave Stafford
A man seeking relief from his 2006 conviction of Class A felony dealing cocaine failed to persuade a panel of the Court of Appeals Tuesday that his 48-year sentence should be reduced.
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Overwhelming evidence of guilt trumps defendant’s post-conviction claims

October 24, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld a northern Indiana man’s life without parole sentence for killing a police officer in 1997, finding the post-conviction court did not err when it denied him a new trial.
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7th Circuit: Attorney’s deficient performance prejudiced defendant

July 24, 2013
Jennifer Nelson
Finding that an appellate attorney opted for a “hopeless sufficiency challenge” instead of the obvious claim challenging the validity of an amended information that elevated a charge to murder, the 7th Circuit Court of Appeals reversed the denial by the federal court of the man’s petition for writ of habeas corpus.
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Attorneys' performances don't require post-conviction relief

May 22, 2013
Jennifer Nelson
A LaPorte County man with a lengthy criminal history couldn’t convince the Indiana Court of Appeals that he is entitled to post-conviction relief due to ineffective assistance from his trial and appellate attorneys.
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7th Circuit reaffirms drug conviction over claims of ineffective counsel

May 7, 2013
Dave Stafford
A man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the Northern District of Indiana.
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Trial court needs to take another look at alibi defense

April 16, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a man’s petition for habeas corpus and ordered the District Court to take another look at the defense counsel’s alibi defense investigation.
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Judges reduce sentence due to ineffective trial counsel

March 27, 2013
Jennifer Nelson
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
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Man to get new trial because of counsel’s performance

March 4, 2013
Jennifer Nelson
Because the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,” the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
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Life sentence upheld by Court of Appeals

February 20, 2013
Jennifer Nelson
A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.
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Man facing deportation loses 2 appeals

February 18, 2013
Jennifer Nelson
A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.
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Defendant received ineffective trial counsel assistance in murder case

February 14, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.
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Man entitled to new trial based on trial counsel’s performance

February 5, 2013
Jennifer Nelson
A man convicted on a drug dealing charge and found to be a serious violent felon will have a new trial because his trial attorney did not file a motion to bifurcate the dealing and SVF charges, which prejudiced him, the Indiana Court of Appeals ruled.
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Appellate court upholds life sentence

September 19, 2012
Jennifer Nelson
Duane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.
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Federal court to decide whether man asked attorney to appeal

September 17, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered a federal judge in the Southern District of Indiana to consider whether a defendant asked his attorney to appeal his designation of a career offender at sentencing, following a guilty plea.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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