Ineffective assistance of counsel
Attorneys' performances don't require post-conviction relief
May 22, 2013
Jennifer NelsonA 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.
More7th Circuit reaffirms drug conviction over claims of ineffective counsel
May 7, 2013
Dave StaffordA 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.
MoreTrial court needs to take another look at alibi defense
April 16, 2013
Jennifer NelsonThe 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.
MoreJudges reduce sentence due to ineffective trial counsel
March 27, 2013
Jennifer NelsonThe 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.
MoreMan to get new trial because of counsel’s performance
March 4, 2013
Jennifer NelsonBecause 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.
MoreLife sentence upheld by Court of Appeals
February 20, 2013
Jennifer NelsonA 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.
MoreMan facing deportation loses 2 appeals
February 18, 2013
Jennifer NelsonA 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.
MoreDefendant received ineffective trial counsel assistance in murder case
February 14, 2013
Jennifer NelsonThe 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.
MoreMan entitled to new trial based on trial counsel’s performance
February 5, 2013
Jennifer NelsonA 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.
MoreAppellate court upholds life sentence
September 19, 2012
Jennifer NelsonDuane 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.
MoreFederal court to decide whether man asked attorney to appeal
September 17, 2012
Jennifer NelsonThe 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.
MoreJudges order new trial due to counsel’s deficient performance
August 29, 2012
Jennifer NelsonA Marion County man was prejudiced by his counsel’s error of not timely filing a request for a jury trial, so the Indiana
Court of Appeals ordered a new trial on his Class A misdemeanor resisting law enforcement conviction.
MoreCOA finds petitioner failed to show trial counsel was ineffective
August 27, 2012
Marilyn OdendahlIn affirming a post-conviction court’s judgment, the Indiana Court of Appeals found a convicted child molester failed
to carry his burden in claiming that his attorney was ineffective.
More7th Circuit rules trial attorneys not ineffective
August 23, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient
or ineffective pertaining to how they handled a man’s sentencing hearing.
MoreWoman unable to prove attorney actions were prejudicial
August 13, 2012
Marilyn OdendahlA woman’s petition for post-conviction relief on the grounds her trial counsel was ineffective was denied by the Indiana
Court of Appeals.
MoreAppeals court upholds killer’s PCR denial
July 27, 2012
Dave StaffordA man convicted of murder in Delaware County is not entitled to post-conviction relief due to ineffective counsel, the Indiana Court of Appeals ruled
Friday.
MoreJustices order new trial for Ripley County man
July 12, 2012
Jennifer NelsonA Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of
his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.
MoreMan who killed girlfriend may be retried for reckless homicide
July 12, 2012
Jennifer NelsonThe post-conviction court erred in denying Andrew McWhorter relief when he challenged his conviction of voluntary manslaughter
in connection to the death of his girlfriend, the Indiana Court of Appeals concluded. McWhorter may not be retried on the
same charge, but may face retrial for reckless homicide.
MoreMan can't prove ineffective lawyer assistance
May 9, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his
trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.
MoreJudges affirm denial of motion to withdraw plea
April 30, 2012
Jennifer NelsonThe trial court did not err when it denied a defendant’s motion to withdraw his guilty plea after his attorney failed
to discover that the state could charge him with being a habitual offender in only one of the two separate causes that were
filed against him, the Indiana Court of Appeals ruled.
MoreJudges affirm denial of post-conviction relief
March 28, 2012
Jennifer NelsonThe 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.
MoreJudges affirm denial of post-conviction relief
February 23, 2012
Jennifer NelsonThe Indiana Court of Appeals declined to find an attorney provided ineffective assistance of trial counsel to a man on trial
for the second time because that attorney didn’t defend the case in the same manner as did the attorney on the first
trial.
More7th Circuit affirms denial of habeas corpus petition
January 31, 2012
Jenny MontgomeryA man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he
received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
MoreJustices rule on Post-Conviction Rule 2
January 24, 2012
Jennifer NelsonThe Indiana Supreme Court was divided in two ways in a case involving Indiana Post-Conviction Rule 2: on what standard to
use to judge the performance of PCR 2 counsel and whether a defendant should be allowed to appeal the denial of his petition
to file a belated direct appeal.
MoreCOA addresses impact of guilty pleas on immigration status
November 28, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’
failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.
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I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.