Articles

COA finds attorney was not ineffective

The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”

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Resisting law enforcement conviction reduced due to double jeopardy violation

A post-conviction court “clearly erred” when it found a man’s trial attorney did not provide ineffective assistance of counsel, the Indiana Court of Appeals ruled Tuesday. The judges ordered the court to reduce Timmy Zieman’s Class C felony resisting law enforcement conviction to a Class D felony because of a violation of double jeopardy principles.

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Man ineligible to bring belated appeal

Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.

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COA: Man knowingly pleaded guilty to fraud charge

A post-conviction court correctly denied relief to a man on his felony fraud conviction after determining that his felony failure to register conviction should be vacated, the Indiana Court of Appeals ruled. Anthony McCullough pleaded guilty to the separate charges in one agreement.

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Justices affirm denial of killer’s post-conviction relief

A man originally sentenced to die for the 2006 murders of a mother and her 8- and 13-year-old daughters will continue to serve his converted sentence of life without parole after the Indiana Supreme Court on Thursday afternoon affirmed a trial court’s denial of post-conviction relief.

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Court erred in striking state’s response as untimely

The Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.

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Man facing deportation loses 2 appeals

A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.

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Defendant received ineffective trial counsel assistance in murder case

The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.

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