Appeals court: Felon waived speedy trial, judge challenges
A man convicted of multiple felonies lost his appeal when the court determined he had not objected to matters raised in the appeal during his jury trial or sentencing.
Post Conviction
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Judges order habitual offender enhancement vacated
A post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender enhancement, finding a case decided after the man’s direct appeal applies retroactively.
Appeals court reverses vacation of habitual traffic violator status
A trial court erred when it set aside a man’s 2002 guilty plea on a charge of operating a vehicle while a habitual traffic violator, the Indiana Court of Appeals ruled Monday.
COA finds petitioner failed to show trial counsel was ineffective
In affirming a post-conviction court’s judgment, the Indiana Court of Appeals found a convicted child molester failed to carry his burden in claiming that his attorney was ineffective.
Bunch freed after 16 years in prison
Kristine Bunch, the woman who claimed she was wrongfully convicted of killing her son in a fire in 1995, was released from prison following a bond hearing Wednesday in Decatur County. The Indiana Court of Appeals reversed her convictions and ordered a new trial on the murder charge.
Man had no constitutional right to counsel
The 7th Circuit Court of Appeals rejected a man’s claims in support of his petition for a writ of habeas corpus, finding his motion to correct sentence wasn’t a motion pursuant to Indiana Code, but was a collateral attack on his sentence.
Woman unable to prove attorney actions were prejudicial
A woman’s petition for post-conviction relief on the grounds her trial counsel was ineffective was denied by the Indiana Court of Appeals.
Man unable to show prejudice by attorney’s lack of deportation advisement
A Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s failure to advise him that automatic deportation is a consequence of his guilty plea.
Appeals court upholds killer’s PCR denial
A man convicted of murder in Delaware County is not entitled to post-conviction relief due to ineffective counsel, the Indiana Court of Appeals ruled Friday.
Supreme Court affirms death sentence in 2001 rape, murder
A man whose death sentence and murder and rape convictions previously were reversed on appeal to the Indiana Supreme Court remains condemned after the justices on Thursday affirmed a trial court’s denial of post-conviction relief.
Supreme Court revises felony sentence
Four Indiana justices decided that a man who pleaded guilty to Class B felony possession of cocaine should have been sentenced to 12 years instead of 20.
Man loses insanity defense appeal
A Marion County court correctly rejected the insanity defense entered by a man who suffers from bipolar disorder and alcoholism in his attempted murder bench trial, the Indiana Supreme Court ruled.
Judges uphold college student’s rape conviction
The man charged with raping a fellow Vincennes University student following a night of drinking had his conviction affirmed by the Indiana Court of Appeals.
Justices vacate transfer to Criminal Rule 4(B) appeal
The Indiana Supreme Court has decided that a Court of Appeals decision reversing the denial of man’s motion for discharge will stand.
Court dismisses appeal because order isn’t final
The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
Trial court ordered to determine if man was diligent in pursuing appeal
The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.
Judges uphold jury’s rejection of insanity defense
A woman convicted of murdering her young son has lost her appeal, in which she claimed the jury didn’t have sufficient evidence to reject her insanity defense.
Courts not responsible to find person named in subpoena
It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.
Judges affirm denial of post-conviction relief
The Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal attorneys’ failure to raise these claims created no prejudice.
Appellate court split on ordering new trial for mom
The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.