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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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