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COA: Man’s habeas petition should be dismissed

April 20, 2016

The Indiana Court of Appeals remanded a man’s petition for habeas corpus and ordered the trial court to dismiss his claims after the judges said he improperly filed his petition without permission from the court.

Eddie Love was convicted of two counts of dealing in cocaine in 2006. Since then, he has filed three petitions for post-conviction relief, two in state court and one in federal court, all of which were denied. After his second denial, in which the COA denied permission to file a successive petition, he filed three requests anyway. The COA directed the trial court to consider sanctions for future barred claims and required Love list all of his cases in the future.

His third writ of habeas corpus was started in 2014 in LaPorte County. The case was transferred to Elkhart Circuit Court, at which time Love tried to file a motion to dismiss, but it was denied. The Circuit Court imposed specific filing criteria for future litigation and stripped Love of his credit time earned as an inmate in the Department of Correction.

Indiana Post Conviction Rule 1(12) says before a petitioner can file a successive post-conviction relief petition he must receive leave to pursue a successive petition from the COA or the Indiana Supreme Court. Love repeatedly has not done so, including in the instant case, so the COA ordered the trial court to vacate its judgment and dismiss Love’s petition.

The case is Eddie Love v. State of Indiana, 20A05-1509-CR-1327

 

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