Post conviction

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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Justices reverse conviction and sentence enhancement related to handgun

September 3, 2014
Jennifer Nelson
Because a man’s firearm enhancement is based on the same behavior used to convict and sentence him for carrying a handgun without a permit, the Indiana Supreme Court vacated the conviction and five-year enhancement.
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Court affirms denial of post-conviction relief

July 30, 2014
Dave Stafford
An Elkhart County man twice convicted and sentenced to 50 years in prison on drug convictions was not improperly denied post-conviction relief, the Indiana Court of Appeals ruled Wednesday.
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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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Court upholds man’s molestation convictions

April 24, 2014
Jennifer Nelson
Finding no juror misconduct or any fundamental error in the admission of certain testimony during a man’s trial for molesting his daughter, the Indiana Court of Appeals upheld his multiple molestation convictions. He will also have to file a petition for post-conviction relief to challenge his habitual offender adjudication.
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COA replaces opinion on post-conviction ruling with corrected version

February 5, 2014
Jennifer Nelson
Acknowledging that the state is correct when it claims the Indiana Court of Appeals relied on the wrong Supreme Court decision in affirming the denial of a petition for post-conviction relief, the appellate court issued a new opinion Wednesday.
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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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COA affirms post-conviction relief for ineffective counsel

December 27, 2013
Dave Stafford
A man who was convicted of multiple felonies related to a two-day instance of domestic violence in which he “terrorized” his girlfriend in their apartment will be resentenced on a lesser charge on one conviction.
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Man’s molestation post-conviction bid fails on appeal

December 19, 2013
Dave Stafford
A Morgan County man failed to convince a Court of Appeals panel that ineffective assistance of counsel and prosecutorial misconduct should entitle him to relief from a child molestation conviction.
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Post-conviction claim allowed in DOC placement change

November 5, 2013
Dave Stafford
Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.
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Supreme Court takes closer reading of precedent in affirming post-conviction relief

August 28, 2013
Marilyn Odendahl
A man’s 2002 guilty plea to a habitual traffic violator offense will be set aside after the Indiana Supreme Court held his 1989 conviction in Fayette County constituted a material error.
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Resisting law enforcement conviction reduced due to double jeopardy violation

June 25, 2013
Jennifer Nelson
A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.
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Sex Offender Registration Act not ex post facto as applied to Perry County man

June 25, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of a petition to remove a convicted child molester from the sex offender registry, finding the Sex Offender Registration Act is non-punitive as applied to him.
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Man convicted in 1963 of murder not diligent in pursuing appeal

June 25, 2013
Jennifer Nelson
The Indiana Court of Appeals has denied George Cole’s petition for permission to file a belated notice of appeal following his 1963 murder conviction of a cab driver in Indianapolis and life sentence.
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Man ineligible to bring belated appeal

May 30, 2013
Jennifer Nelson
Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.
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Judges rule cop won't have new trial on murder, arson charges

May 29, 2013
Jennifer Nelson
An Evansville police officer who killed his mistress more than 20 years ago wasn’t able to convince the Indiana Court of Appeals Wednesday that he is entitled to post-conviction relief.
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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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Defendant not at fault for failing to timely appeal

May 22, 2013
Jennifer Nelson
The 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.
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COA: Man knowingly pleaded guilty to fraud charge

May 16, 2013
Jennifer Nelson
A 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.
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Pair convicted in liquor store killing not entitled to DNA evidence

April 8, 2013
Dave Stafford
Two 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.
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Justices affirm denial of killer’s post-conviction relief

April 5, 2013
Dave Stafford
A 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.
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Court erred in striking state’s response as untimely

March 27, 2013
Jennifer Nelson
The 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.
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White claims Brizzi ‘ignorant’ of law, jurors wowed by Super Bowl

March 22, 2013
Dave Stafford
Former 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.”
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. 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

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