7 Indiana opinions name it 2 courts 1998–2019 0 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bieghler v. Stategreen2 sentences2010Sawyer v. State, 679 N.E.2d 1328 (Ind.1997); Bieghler v. State, 690 N.E.2d 188, 200-01 (Ind.1997) (citing Sawyer); but cf. [U.S. v.] Galloway, 56 F.3d [1239,] 1242 [(10th Cir.1995)] (holding that presentation of ineffectiveness claim on direct appeal did not foreclose assertion in federal habeas proceedings of additional grounds for finding inadequate representation). 2001See also Bieghler v. State, 690 N.E.2d 188, 200-01 (Ind.1997) ("Some of the [defendant's arguments on post-conviction appeal] are new arguments about aspects of trial counsel's performance we considered on direct appeal; others focus on aspects not mentioned earlier. | 4 | 4 |
Woods v. Stategreen2 sentences2019However, such a claim “is not available in postconviction [proceedings] if the direct appeal raises any claim of deprivation of Sixth Amendment right to counsel.” Id. 2002More specifically, “ineffective assistance of trial counsel is not available in postconviction if the direct appeal raises any claim of deprivation of Sixth Amendment right to counsel.” Id. | 2 | 4 |
| Case | Negative | Cited |
|---|---|---|
United States v. George Don Gallowaygreen1 sentence1998Sawyer v. State, 679 N.E.2d 1328 (Ind.1997); Bieghler v. State, 690 N.E.2d 188, 200-01 (Ind.1997) (citing Sawyer); but cf. Galloway, 56 F.3d at 1242 (holding that presentation of ineffectiveness claim on direct appeal did not foreclose assertion in federal habeas proceedings of additional grounds for finding inadequate representation). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Sawyer v. State
green
2 sentences2010Sawyer v. State, 679 N.E.2d 1328 (Ind.1997); Bieghler v. State, 690 N.E.2d 188, 200-01 (Ind.1997) (citing Sawyer); but cf. [U.S. v.] Galloway, 56 F.3d [1239,] 1242 [(10th Cir.1995)] (holding that presentation of ineffectiveness claim on direct appeal did not foreclose assertion in federal habeas proceedings of additional grounds for finding inadequate representation). 1998Sawyer v. State, 679 N.E.2d 1328 (Ind.1997); Bieghler v. State, 690 N.E.2d 188, 200-01 (Ind.1997) (citing Sawyer); but cf. Galloway, 56 F.3d at 1242 (holding that presentation of ineffectiveness claim on direct appeal did not foreclose assertion in federal habeas proceedings of additional grounds for finding inadequate representation). | 2 | 1998–2010 |
Ben-Yisrayl v. State
green
1 sentence2002In either case, the earlier ruling that trial counsel was not ineffective is res judicata."); ("[The defendant], having onee litigated his Sixth Amendment claim concerning ineffective assistance of counsel, is not entitled to litigate it again, by alleging different grounds."); ("Notwithstanding the fact that petitioner gave several additional examples of his counsel's alleged ineffectiveness during the post-conviction hearing, a consideration of the ineffectiveness issue would constitute review of an issue already decided on direct appeal."). 738 N.E.2d at 259 . | 1 | 2002–2002 |