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Trial court ordered to determine if man was diligent in pursuing appeal

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The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.

Willie Huguley was convicted of three charges of child molesting in 1999. His attorney filed a timely appeal, but he later petitioned the COA to terminate the appeal and remand the cause to the trial court to let Huguley seek post-conviction relief regarding ineffective assistance of trial counsel. The appellate court granted the petition, terminated the appeal, and remanded to the trial court. The post-conviction court denied his petition for relief, and no notice of appeal of that decision was ever initiated.

Eight years later, Huguley’s present attorney filed a petition for belated perfection of appeal. Huguley claimed he was unaware that his request for post-conviction relief was denied or that no notice of appeal was filed. He argued he was diligent in determining why his appeal wasn’t pursued.  

The Court of Appeals concluded that Huguley is unable to appeal the denial of his petition for post-conviction relief, but that his original appeal may be “revived.” The judges found that Huguley met the requirements under Indiana Post Conviction Rule 2(3) and sent the issue back to the trial court to allow Huguley the opportunity to make a factual case to support his allegations.

If the trial court finds in favor of Huguley, then he may continue his appeal as originally initiated, the judges held in Willie Huguley v. State of Indiana, No. 49A02-1105-CR-413.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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