`

Post Conviction

Post Conviction

ARTICLES

Justices send dismissed post-conviction case back to COA

The Indiana Court of Appeals errantly dismissed a man’s post-conviction relief case, the Indiana Supreme Court ruled, reinstating the man’s case last week and remanding it to the lower appellate court. Justices on Tuesday granted transfer in Kenny Green v. State of Indiana, 18S-PC-562, for the purpose of reinstating Green’s PCR case in the Indiana Court of Appeals with instructions to establish a briefing schedule for review of his appeal on the merits.
Read More

Divided justices deny child murderer death penalty relief

The Indiana Supreme Court has upheld the denial of post-conviction relief for a convicted child murderer and arsonist sentenced to death, finding that while the man’s counsel did make mistakes, those mistakes did not rise to the Strickland level of deficient performance. However, Chief Justice Loretta Rush dissented and would have allowed the case to proceed to a new penalty phase.
Read More