Patton claim in Indiana

2018And, in support thereof, the State offers two examples of Justices referring to the relevant language from Patton as dictum: Gonzalez v. United States , 553 U.S. 242 , 255 n.1 [ 128 S.Ct. 1765 , 170 L.Ed.2d 616 ] (2008) (Scalia, J., concurring) (noting that the statement "was dictum; the Patton defendants had all agreed to the waiver") (internal quotation marks and citations omitted); id="p270" href="#p270" data-label="270" data-citation-index="1" class="page-label">*270 id. at 267 [, 128 S.Ct. 1765 ] (Thomas, J., dissenting) ("The [ Patton ] Court stated in dicta that the express and intellig

2018And, in support thereof, the State offers two examples of Justices referring to the relevant language from Patton as dictum: Gonzalez v. United States , 553 U.S. 242 , 255 n.1 [ 128 S.Ct. 1765 , 170 L.Ed.2d 616 ] (2008) (Scalia, J., concurring) (noting that the statement "was dictum; the Patton defendants had all agreed to the waiver") (internal quotation marks and citations omitted); id="p270" href="#p270" data-label="270" data-citation-index="1" class="page-label">*270 id. at 267 [, 128 S.Ct. 1765 ] (Thomas, J., dissenting) ("The [ Patton ] Court stated in dicta that the express and intellig

2001We do not believe this was a ‘procedurally fair setting' because, in essence, the court had no record before it from which it could review Patton’s claim.” Patton, 537 N.E.2d at 519-20 .

2001We do not believe this was a `procedurally fair setting' because, in essence, the court had no record before it from which it could review Patton's claim." Patton, 537 N.E.2d at 519-20 .

1989The way to resolve the factual questions raised by Patton at sentencing is through submission to a trier of fact. 517 N.E.2d at 376 .

1989The Zimmerman case was decided four years before Patton’s post-conviction relief hearing and Graham, supra was decided nearly two years before Patton’s hearing.

1989The Zimmerman case was decided four years before Patton's post-conviction relief hearing and Graham, supra was decided nearly two years before Patton's hearing.

1989In Helton v. State (1985), Ind., 479 N.E.2d 538 , and Smith v. State (1979), 272 Ind. 216 , 396 N.E.2d 898 , our supreme court deemed counsel ineffective for failure to know the basic law crucial to the client's case. *519 Next, Patton claims that Erbecker's performance was deficient because he failed to gather and introduce the necessary evidence in support of Patton's claim.

1989In Helton v. State (1985), Ind., 479 N.E.2d 538 , and Smith v. State (1979), 272 Ind. 216 , 396 N.E.2d 898 , our supreme court deemed counsel ineffective for failure to know the basic law crucial to the client's case. *519 Next, Patton claims that Erbecker's performance was deficient because he failed to gather and introduce the necessary evidence in support of Patton's claim.

1989Baum, supra. As a result, Patton was denied a fair hearing on the merits of his petition in accordance with due process of law principles.

1989Baum, supra .

1989In Helton v. State (1985), Ind., 479 N.E.2d 538 , and Smith v. State (1979), 272 Ind. 216 , 396 N.E.2d 898 , our supreme court deemed counsel ineffective for failure to know the basic law crucial to the client’s case.

1989In Helton v. State (1985), Ind., 479 N.E.2d 538 , and Smith v. State (1979), 272 Ind. 216 , 396 N.E.2d 898 , our supreme court deemed counsel ineffective for failure to know the basic law crucial to the client's case. *519 Next, Patton claims that Erbecker's performance was deficient because he failed to gather and introduce the necessary evidence in support of Patton's claim.

1987Patton now challenges his second guilty plea, again alleging that it was not entered knowingly, voluntarily and intelligently. *626 Patton's petition for post-conviction relief was filed on August 1, 1985, prior to our Supreme Court's ruling in White v. State (1986) Ind., 497 N.E.2d 893 .