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Ineffective Assistance of Counsel

Ineffective Assistance of Counsel

ARTICLES

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.
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Affirming juvenile DOC placement, COA seeks effective counsel guidance

A 15-year-old who had multiple instances of violent rage and who could no longer be controlled by his parents was properly placed in the Department of Correction, an Indiana Court of Appeals panel found. But judges also used the case to ask the Indiana Supreme Court for guidance on measuring the effectiveness of counsel in similar juvenile cases.
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Elkhart inmate files wrongful conviction petition claiming Elkhart Police coerced his statement

Nearly 13 years after he was found guilty of a murder he claims he did not commit and following a subsequent series of failed attempts at appellate and post-conviction relief, a developmentally disabled man has petitioned the Elkhart Circuit Court to overturn his conviction on the basis of new evidence he says proves his confession was coerced and his counsel was ineffective. Andrew Royer filed a petition to vacate the judgment against him on Wednesday.
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