Post conviction
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.
MoreDefendant not at fault for failing to timely appeal
May 22, 2013
Jennifer NelsonThe Indiana Court of Appeals declined to hold a man at fault for the failure to file a timely notice of appeal, pointing to
his attorney’s death from cancer shortly after the sentencing hearing.
MoreCOA: Man knowingly pleaded guilty to fraud charge
May 16, 2013
Jennifer NelsonA post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony
failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to
the separate charges in one agreement.
MorePair convicted in liquor store killing not entitled to DNA evidence
April 8, 2013
Dave StaffordTwo men sentenced more than 20 years ago for murder and Class C felony attempted robbery were not improperly denied post-conviction
relief when they couldn’t obtain DNA evidence they said would prove exculpatory, the Indiana Court of Appeals ruled
Monday.
MoreJustices affirm denial of killer’s post-conviction relief
April 5, 2013
Dave StaffordA man originally sentenced to die for the 2006 murders of a mother and her 8- and 13-year-old daughters will continue to serve
his converted sentence of life without parole after the Indiana Supreme Court on Thursday afternoon affirmed a trial court’s
denial of post-conviction relief.
MoreCourt erred in striking state’s response as untimely
March 27, 2013
Jennifer NelsonThe Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s
response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant
the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
MoreWhite claims Brizzi ‘ignorant’ of law, jurors wowed by Super Bowl
March 22, 2013
Dave StaffordFormer Secretary of State Charlie White says his convictions on six charges ranging from vote fraud to theft should be tossed
because they violated state and federal law. He also claims that his lawyer, former Marion County Prosecutor Carl Brizzi “was
ignorant of the law.”
MoreJustices: Evidence of dismissed crimes allowable for post-conviction relief
March 12, 2013
Dave StaffordA Delaware County man who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony
counts was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed, the
Indiana Supreme Court ruled Tuesday.
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.
MoreAppeals court: Felon waived speedy trial, judge challenges
November 2, 2012
Dave StaffordA man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the
appeal during his jury trial or sentencing.
MoreJudges order habitual offender enhancement vacated
October 18, 2012
Jennifer NelsonA post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender
enhancement, finding a case decided after the man’s direct appeal applies retroactively.
MoreAppeals court reverses vacation of habitual traffic violator status
September 24, 2012
Dave StaffordA trial court erred when it set aside a man’s 2002 guilty plea on a charge of operating a vehicle while a habitual traffic
violator, the Indiana Court of Appeals ruled Monday.
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.
MoreBunch freed after 16 years in prison
August 23, 2012
IL StaffKristine Bunch, the woman who claimed she was wrongfully convicted of killing her son in a fire in 1995, was released from
prison following a bond hearing Wednesday in Decatur County. The Indiana Court of Appeals reversed her convictions and ordered
a new trial on the murder charge.
MoreMan had no constitutional right to counsel
August 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding
his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
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.
MoreMan unable to show prejudice by attorney’s lack of deportation advisement
August 7, 2012
Jennifer NelsonA Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction
relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s
failure to advise him that automatic deportation is a consequence of his guilty plea.
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.
MoreSupreme Court affirms death sentence in 2001 rape, murder
June 22, 2012
Dave StaffordA man whose death sentence and murder and rape convictions previously were reversed on appeal to the Indiana Supreme Court
remains condemned after the justices on Thursday affirmed a trial court’s denial of post-conviction relief.
MoreSupreme Court revises felony sentence
June 20, 2012
Jennifer NelsonFour Indiana justices decided that a man who pleaded guilty to Class B felony possession of cocaine should have been sentenced
to 12 years instead of 20.
MoreMan loses insanity defense appeal
June 20, 2012
Jennifer NelsonA Marion County court correctly rejected the insanity defense entered by a man who suffers from bipolar disorder and alcoholism
in his attempted murder bench trial, the Indiana Supreme Court ruled.
MoreJudges uphold college student's rape conviction
June 20, 2012
Jennifer NelsonThe man charged with raping a fellow Vincennes University student following a night of drinking had his conviction affirmed
by the Indiana Court of Appeals.
MoreJustices vacate transfer to Criminal Rule 4(B) appeal
June 14, 2012
Jennifer NelsonThe Indiana Supreme Court has decided that a Court of Appeals decision reversing the denial of man’s motion for discharge
will stand.
MoreCourt dismisses appeal because order isn't final
May 25, 2012
Jennifer NelsonThe Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony
dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
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Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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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.