A federal inmate who chose to raise an ineffective-assistance claim on direct appeal has lost his bid to overturn his guilty plea, with the 7th Circuit Court of Appeals finding that his strategic decision to raise the issue on direct appeal led to a lack of sufficient evidence.
The sentencing fate of a man convicted as a teenager of murder is in the hands of the Indiana Supreme Court as the justices decide how they will rule in the case concerning a “de facto life sentence” for the teen.
The Supreme Court on Monday rejected a Maryland man’s bid for a new trial based on information uncovered by the hit podcast “Serial.”
The Indiana Supreme Court declined to hear all but one of a dozen cases requesting to be heard last week. The justices denied 11 petitions, including one denial in a sentencing appeal resulting from a rare 2-2 deadlock.
A divided panel of the Indiana Court of Appeals upheld denial of a convicted child molester’s post-conviction relief petition Thursday, but a dissenting judge assailed the representation by a defense attorney who he said “took a fatalistic approach to the trial and wholly failed to challenge any testimony by any State witness.”
Indiana Supreme Court justices have affirmed the placement of a teenage boy in the Indiana Department of Correction, finding he was not provided ineffective assistance of counsel.
A decades-old murder case was considered by the Indiana Supreme Court on Thursday during oral arguments where parties debated whether the former teen defendant was prejudiced by his counsel’s failure to present mitigating evidence about his mental illness at the time of the offense.
Indiana is appealing a federal judge’s ruling that ordered the release of a man convicted in the 2000 killing of an Indiana University student.
Immigration lawyers at the Indiana State Bar Association Annual Meeting discussed how Angelo Bobadilla’s misdemeanor convictions led him to immigration court and to a landmark Indiana Supreme Court ineffective assistance of counsel ruling.
The man convicted in the May 2000 murder of Indiana University student Jill Behrman has been ordered released from prison after a federal judge granted him habeas relief. In reaching that decision, the Southern Indiana District Court determined the Indiana Court of Appeals improperly evaluated the defendant’s allegations of prejudice.
Indiana Supreme Court justices granted transfer to five cases last week, declining review of nearly 40 others.
An Indiana woman who successfully argued she had ineffective legal counsel at her murder trial for the 2001 slaying of her boyfriend in Lafayette during a sex game has been released.
A man convicted of murder may proceed in his second pursuit of post-conviction relief now that the Indiana Supreme Court has concluded his petition addressed only the grounds arising from his second appeal and was therefore not considered a second or successive petition.
The Indiana Court of Appeals has reversed a man’s denied petition for relief from what he alleged as conspiracy to wrongfully convict and confine him, among other things, after finding a post-conviction court erred in the procedure it used to dispose of his petition.
A mentally disabled man serving a 55-year prison sentence for an Elkhart murder 17 years ago that he maintains he did not commit is reviving his efforts for post-conviction relief, presenting new evidence in a petition he claims exonerates him.
A man who as a 16-year-old received a 181-year sentence for murder in entitled to a new sentencing hearing. The Indiana Court of Appeals concluded the Lake County teen was denied effective trial counsel during his sentencing hearing.
A woman with a history of mental illness who was convicted in 2002 of murdering her boyfriend after testifying the she heard a voice telling her she was the Messiah has won her federal habeas case asserting ineffective assistance of counsel. She will be freed unless the state opts within 120 days to retry her.
Earlier this month, a 3-2 majority of the Indiana Supreme Court granted post-conviction relief to noncitizen Angelo Bobadilla, finding deficient counsel performance and prejudice. But dissenting justices raised concerns about the ruling inappropriately expanding the PCR analysis.
Despite a trial attorney’s failure to include a pretrial transcript in the record on a defendant’s direct appeal, the defendant is not entitled to post-conviction relief because the Indiana Court of Appeals would not have found prejudice in the attorney’s performance, the court ruled Friday in addressing the case for the second time.
The Indiana Supreme Court chose to grant transfer to three cases during the past week, including commitments to the Indiana Department of Corrections. The court also granted transfer and decided a case granting relief to a deported “Dreamer.”