COA affirms denial of ineffective counsel PCR claim
The Indiana Court of Appeals affirmed Tuesday the denial of a man’s successive petition for post-conviction relief, finding the man’s trial attorney’s strategy was not constitutionally ineffective.
Ineffective Assistance of Counsel
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Immigrant’s guilty plea withdrawal denied despite ineffective counsel
The Indiana Court of Appeals has reaffirmed the denial of a man’s petition to withdraw his guilty plea after determining the man failed to establish he was prejudiced by his counsel’s failure to adequately warn him of the threat of deportation before entering into a guilty plea.
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.
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.
COA rejects Proportionality Clause claim, affirms 35-year sentence
A man convicted of multiple felony counts in 2011 and sentenced to an aggregate of 35 years in prison failed to convince the Indiana Court of Appeals that he was entitled to post-conviction relief under a Proportionality Clause theory.
Vanderburgh County murderer loses PCR bid
A Vanderburgh County man convicted of beating his girlfriend to death has lost his bid for post-conviction relief from the Indiana Court of Appeals, which found he did not receive ineffective assistance of trial counsel.
7th Circuit upholds LWOP sentence for convicted murderer
An Indiana man convicted of murdering his ex-wife with a crowbar will continue to serve his life without parole sentence after the 7th Circuit Court of Appeals denied the habeas relief he sought on the basis of ineffective assistance of trial counsel.
7th Circuit remands drug conviction for deficient counsel hearing
The U.S. District Court for the Southern District of Indiana must hold a hearing on a convicted drug offender’s motion for collateral relief after the 7th Circuit Court of Appeals determined the offender presented evidence to justify a hearing on deficient counsel performance.
Attempted murder conviction vacated for ineffective counsel
A man’s attempted murder conviction after a Vanderburgh County knife attack will be vacated after a divided Indiana Court of Appeals found his trial counsel erred by failing to object to two jury instructions.
Durham asks court to dismiss 50-year federal fraud sentence
Convicted fraudster Tim Durham again is trying to get his 50-year prison sentence dismissed, this time claiming his lawyer shoddily defended him.
Murder conviction scratched, man is free after 21 years
After 21 years in custody, a man whose murder conviction was overturned by the Indiana Supreme Court is free.
7th Circuit orders new sentencing hearing for man on death row
A man convicted in a triple homicide and subsequently sentenced to death will get a new sentencing hearing after the 7th Circuit Court of Appeals determined Friday the fact he was wearing a stun belt during the penalty phase of his trial may have impacted his jury.
7th Circuit orders hearing on competency, assistance of counsel
A federal court erred in denying a hearing for a man who claimed he was mentally incompetent to plead guilty to a firearm charge and received ineffective assistance of counsel.
7th Circuit affirms denial of sentencing relief
Though his appellate counsel presented an underdeveloped Appellate Rule 7(B) resentencing argument to the Indiana Court of Appeals, a North Vernon man isn’t entitled to relief because his sentence is not inappropriate, the 7th Circuit Court of Appeals ruled Monday.
7th Circuit denies rehearing, allows case to proceed to evidentiary hearing
A man convicted as a teenager in a 2008 Elkhart murder will still be given a federal evidentiary hearing on his claim of ineffective assistance of post-conviction counsel after a majority of 7th Circuit Court of Appeals judges denied the state’s petition for a panel or en banc rehearing.
Court affirms denial of PCR for drug offender
The Indiana Supreme Court has affirmed the denial of an Elkhart woman’s petition for post-conviction relief, finding her ineffective assistance of counsel argument cannot prevail under Indiana law.
7th Circuit affirms denial of habeas relief
The 7th Circuit Court of Appeals has affirmed the denial of a man’s petition for habeas relief after finding he waived his argument of ineffective assistance of counsel by not raising that argument in his habeas petition.
Supreme Court remands 1995 murder case for new trial
A man convicted of murder more than 20 years ago will have a new trial after the Indiana Supreme Court held Friday that his trial counsel performed deficiently and his appeal was not barred by the doctrine of laches.
COA rejects ineffective counsel claim based on judge’s sentencing practices
A man who pleaded guilty to child molesting cannot prove that he received ineffective assistance of trial counsel, the Indiana Court of Appeals held Wednesday, but the post-conviction court must still address the issue of whether his plea was voluntary.
COA orders post-conviction court to reduce criminal confinement sentence
A man who pleaded guilty to criminal confinement will have his sentence reduced by eight years after the Indiana Court of Appeals held Tuesday that his trial attorney’s erroneous counsel led the man to make the decision to reject a previous plea agreement.