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Post-conviction claim allowed in DOC placement change

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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.

A panel ruled in Ritchie Hodges v. State of Indiana, 06A01-1210-CR-466, that the trial court erred in dismissing a PCR claim for an offender whose community corrections placement was revoked. The panel found Post-Conviction Rule 1(1)(a)(5) permits a claim such as Ritchie Hodges’ that he received ineffective assistance of counsel at his placement-revocation hearing. Hodges was reassigned to the Department of Correction to serve the balance of a sentence for convictions of three counts of Class D felony possession of child pornography and Class D felony voyeurism.

“Hodges’s allegation that he received ineffective assistance of counsel at the hearing to revoke his community corrections placement is a claim that his conditional release was unlawfully revoked. The trial court’s order dismissing his petition for post-conviction relief on the grounds that the post-conviction rules do not allow his claim is therefore reversed, and this case is remanded to the trial court for further proceedings on the merits,” Chief Judge Margret Robb wrote in an opinion joined by Judges James Kirsch and Patricia Riley.

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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