COA affirms dismissal of PCR petition

A man challenging his guilty plea on the basis of ineffective assistance of counsel did not present any evidence to support his allegations, so the Indiana Court of Appeals affirmed summary disposition of his petition for post-conviction relief.

Jerry McClure stabbed and robbed a woman in Lafayette in 2006 and later pleaded guilty to Class A felony robbery resulting in serious bodily injury and to being a habitual offender. McClure then sought post-conviction relief, claiming the trial court committed fundamental error when it accepted his guilty plea on the habitual offender enhancement without a factual basis for that plea. He also alleged ineffective assistance of counsel because his attorney let him plead guilty to that count.

McClure filed his PCR petition pro se and never submitted an affidavit in support of relief. The PCR court granted the state’s motion for summary disposition of the petition, leading McClure to appeal. The Court of Appeals also dismissed due to an absence of a record. But the Indiana Supreme Court ordered McClure’s appendix to be filed and remanded to the COA for review of the merits of his appeal.

But McClure still has not submitted an affidavit, or any other evidence, to the PCR court pursuant to its order to proceed upon affidavits. Based on this lack of evidence to support his allegations, the PCR court did not err when it granted the state’s motion for summary disposition, the Court of Appeals held Friday in Jerry L. McClure v. State of Indiana, 79A02-1501-PC-36.


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