A split Indiana Court of Appeals has reversed a man’s habitual offender adjudication after finding the state failed to bring him to trial within Indiana Criminal Rule 4(C)’s one-year statutory deadline.
The Indiana Supreme Court on Thursday reaffirmed the conviction and death sentence imposed on a Floyd County man convicted of two counts of murder in the 2012 strangulations of two women, as well as his 65-year sentence for a 2003 murder he confessed to after his arrest seven years ago.
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.
He was convicted in 2013 of brutally killing his wife and two stepchildren. His death sentence has already been upheld on direct appeal, but Kevin Isom is again asking the Indiana Supreme Court to give him another chance at a sentence less than death.
An Indiana Court of Appeals panel admitted it erred in a prior post-conviction ruling, finding after rehearing that a man was entitled to a new trial because a clearly biased juror was seated in his child molesting trial.
The Indiana Supreme Court will hear oral arguments in a case involving a noncompete and solicitation agreement ruled to be overly broad.
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.
The denial of a prisoner’s petition for post-conviction relief has been upheld after the Indiana Court of Appeals concluded the man’s guilty plea that included a habitual criminal offender enhancement was not involuntary.
An Elkhart County man who pleaded guilty to drug charges but successfully met certain conditions to avoid a felony conviction is still facing deportation after the Indiana Court of Appeals found his initials on the advisement were enough to indicate he understood the immigration consequences.
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.
Judgment for an Anderson attorney who allegedly failed to act in his client’s post-conviction relief case for nearly seven years after collecting a nearly $25,000 retainer was upheld by the Indiana Court of Appeals. The panel affirmed a trial court ruling that the ex-client’s legal malpractice claim was time-barred.
Indiana Supreme Court justices agreed to hear two cases on grant of transfer last week, denying one other involving a faulty Muncie controlled drug buy. The three cases were the only matters justices considered on petition to transfer last week.
Indiana Supreme Court justices have reversed a post-conviction court’s ruling after agreeing it abused its discretion by using heavy-handed threats of contempt that prevented an attorney from making an offer of proof.
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.
A post-conviction petitioner who failed to timely file a notice of appeal has permanently extinguished his opportunity to appeal and cannot invoke Post-Conviction Rule 2(1) to file his belated notice of appeal, the Indiana Court of Appeals ruled Thursday.
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.