Post conviction

Judges affirm denial of post-conviction relief

February 23, 2012
Jennifer Nelson
The 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.
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Justices address Batson challenges in 2 appeals

February 22, 2012
Jennifer Nelson
The Indiana Supreme Court ruled on two cases Wednesday that stemmed from Batson challenges, and in doing so, articulated the standard of review of such challenges when a defendant raises a Batson challenge at the trial level, but then brings up a different argument on appeal.
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Appellate court reverses grant of post-conviction relief

February 21, 2012
Jennifer Nelson
The Indiana Court of Appeals found that the post-conviction court erred when it concluded that a defendant had not knowingly waived his right to counsel.
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Judges disagree on state's ability to appeal

February 16, 2012
Jennifer Nelson
The Indiana Court of Appeals issued a divided ruling Thursday on whether the state could appeal the denial of its motion to correct error after the trial court granted a defendant’s motion to suppress evidence. The majority decided the state’s appeal should be dismissed as untimely.
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7th Circuit affirms denial of habeas corpus petition

January 31, 2012
Jenny Montgomery
A 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.
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On petition for rehearing, appellate court affirms original opinion in drug case

January 31, 2012
Jenny Montgomery
A man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original opinion affirming the trial court.
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Justices rule on Post-Conviction Rule 2

January 24, 2012
Jennifer Nelson
The 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.
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COA: post-conviction proceedings not equivalent to civil proceedings

January 3, 2012
Michael Hoskins
The Indiana Court of Appeals has held that a post-conviction court isn’t required to accept any proffered agreement from a defendant because that type of proceeding isn’t the same as a civil hearing and the Indiana Supreme Court has given local judges final authority in accepting or denying agreements.
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Court reinstates man's direct appeal

December 29, 2011
Michael Hoskins
The Indiana Court of Appeals has reinstated the direct appeal of a LaPorte County man convicted of felony robbery and attempted robbery in 2004, finding that he should not receive a new trial for receiving ineffective assistance of appellate counsel the first time he tried to challenge his convictions and sentence.
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Trial court used wrong legal standard in revoking probation

December 28, 2011
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to use the proper legal standard to determine whether a woman violated her probation when she was arrested for theft. The trial court used a probable cause standard instead of the legal standard of a preponderance of evidence.
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7th Circuit upholds embezzlement convictions against ex-mayor

December 28, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed ex-East Chicago Mayor George Pabey’s convictions of embezzling government funds and conspiring to embezzle and found the District Court didn’t err when it sentenced him to 60 months in prison.
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Judges uphold man's convictions, enhanced sentence

December 20, 2011
Michael Hoskins

The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.

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Evidence properly admitted under independent source doctrine

December 14, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals found no plain error in a District Court’s decision to admit evidence of a telephone number on a defendant’s cell phone in 2007 at the man’s trial several years later.
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COA sides with appellant in probation violation complaint

December 5, 2011
Jenny Montgomery
The Indiana Court of Appeals has held that when a probation is transferred between Indiana counties, the receiving county assumes supervisory authority over the case.
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Judges find ex post facto claim waived

November 30, 2011
Jennifer Nelson
The man who raised a constitutional challenge to the propriety of his conviction of failing to register as a sex offender waived his ex post facto claim when he entered into a plea agreement, the Indiana Court of Appeals held Wednesday.
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Man entitled to new probation revocation hearing

November 15, 2011
Jennifer Nelson
The Indiana Court of Appeals has ordered a new probation revocation hearing for a Wells County man after finding the reasons by the special judge as to why the man should serve his entire previously suspended sentence were “problematic.”
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COA affirms lower court in shoe-killing case

September 9, 2011
Jenny Montgomery
The Indiana Court of Appeals has upheld a post-conviction court’s determination that a man convicted of kicking another man to death cannot appeal his conviction.
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Man not prejudiced by counsel's deficient performance

August 23, 2011
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.
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Judge reduces death sentences to life without parole

August 15, 2011
Michael Hoskins
If he’d had the ability more than three years ago to factor in a jury’s deadlocked view on the death penalty, a southern Indiana judge says he would have imposed life without parole rather than the death penalty for a man convicted of triple murder.
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7th Circuit judge grants prisoner’s request for certificate of appealability

August 1, 2011
Jennifer Nelson
An Indiana prisoner’s request for a certificate of appealability has been granted by a 7th Circuit judge who found the man’s application set forth a substantial showing of the denial of a constitutional right.
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COA sides with pro se defendant in murder case

July 8, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a trial court erred when it accepted a man’s guilty plea to murder, because the defendant had at the same time claimed his innocence.
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7th Circuit sends Corcoran case back to trial court

June 23, 2011
Jennifer Nelson
Following a remand from the United States Supreme Court in late 2010, the 7th Circuit Court of Appeals admitted it made mistakes in its recent decision involving a convicted murderer’s appeal and sent the case to the District Court to address habeas relief claims.
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State death penalty cases averaged 17 yearsRestricted Content

May 11, 2011
Michael Hoskins
When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.
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COA reverses denial of translated version of hearing

May 10, 2011
Jenny Montgomery
The Indiana Court of Appeals ruled that the post-conviction court abused its discretion when it denied a woman’s request to have access to the electronic recording of her guilty plea hearing.
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Judges discuss fundamental error, ineffective trial counsel assistance

April 14, 2011
Jennifer Nelson
Fundamental error and prejudice for ineffective assistance of trial counsel present two substantively different questions, the Indiana Court of Appeals concluded Thursday in a post-conviction case.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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