Post conviction

Longtime state public defender retiring

February 16, 2011
Michael Hoskins
Indiana Public Defender Susan K. Carpenter is retiring in May after almost 30 years in that position, the state’s highest court announced this morning.
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Judges order new PCR hearing on guilty plea issue

February 7, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
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Justices order man to be re-sentenced

February 3, 2011
Jennifer Nelson
A man who received 50 years for murder should be re-sentenced because of conflicting amendments involving the penalty for murder at the time the judge handed down the sentence, the Indiana Supreme Court ruled today.
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Wrongfully-convicted man sues for withholding evidence

October 11, 2010
Jennifer Nelson
A man who spent nearly 18 years in prison for crimes from which he was later exonerated is now suing the City of Hammond and various police officers involved in his arrest.
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Indiana Supreme Court upholds death sentence

October 5, 2010
Michael Hoskins
The Indiana Supreme Court has declined to grant a twice-convicted death row inmate’s request for a new trial, upholding his convictions and penalty for murders that go back more than a decade.
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7th Circuit reverses lower court on stun-belt issue

August 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a District judge’s decision that a man convicted of murder received ineffective assistance of counsel during his trial because his attorney didn’t object to the state making him wear a stun belt in court.
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Court rules on appellate counsel issue in child molesting case

June 25, 2010
Michael Hoskins
A decade-old old case from the Indiana Court of Appeals doesn’t apply to child molesting cases, the state’s second highest appellate court has ruled.
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High court rules on prisoners issues

March 11, 2010
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Wednesday in which the high court expressly adopted the "prison mailbox rule" and determined a majority of the Indiana Parole Board constitutes the full parole board when making final decisions.
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COA: Parole revocation not unconstitutional

January 25, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that the decision to revoke a defendant's parole because he refused to take a polygraph test wasn't based on an impermissible ex post facto application of state statute.
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Justices uphold probation revocation

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal - either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.
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High court takes post-conviction case

November 13, 2009
IL Staff
The Indiana Supreme Court granted transfer Thursday to a post-conviction case in which the defendant, who spoke only Spanish, claimed he didn't enter his plea knowingly or intelligently.
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Court split on ineffective trial counsel

September 9, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed that an attorney was ineffective because the majority found the attorney told her client he "should" win the case whereas one judge pointed out in the record the attorney admitted to telling the client he "would" win.
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Aiming for exoneration

September 2, 2009
Michael Hoskins
Inmate awaits court hearing
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Woman didn't prove she should get new trial

February 6, 2009
Jennifer Nelson
Finding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals today upheld the denial of her petition for post-conviction relief.
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High court grants transfer, remands case

December 17, 2008
IL Staff
The Indiana Supreme Court granted transfer Dec. 16 to a post-conviction case and remanded it to the Indiana Court of Appeals.
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High court vacates post-conviction relief petition

December 10, 2008
Jennifer Nelson
Although the Indiana Supreme Court vacated the post-conviction court's grant of a petition for relief, it remanded the issue to determine if it should be granted on other grounds raised in the petition.
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1st pro bono appeals program case gets transfer

October 17, 2008
Jennifer Nelson
The Indiana Supreme Court granted has granted transfer to two cases, including the first case from the Indiana State Bar Association's pro bono appellate program.
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COA disagrees on reason to grant appeal

October 6, 2008
Jennifer Nelson
The Indiana Court of Appeals unanimously reversed the revocation of a man's probation but disagreed as to the manner in which the appellate court was authorized to do so.
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Convictions don't violate double jeopardy

September 3, 2008
Jennifer Nelson
The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

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