Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
43 Indiana opinions name it 2 courts 1973–2019 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 |
|---|---|---|
Graves v. Stategreen2 sentences2019See, e.g., Graves, 823 N.E.2d at 1197 (holding that post-conviction counsel did not abandon defendant where counsel appeared at the post-conviction relief hearing, directly examined defendant, and tendered affidavits). 2019See Graves, 823 N.E.2d at 1197 (affirming the post-conviction court’s denial of relief when post-conviction counsel appeared at the post-conviction relief hearing and directly examined the petitioner). [27] For the foregoing reasons, we affirm the denial of Feyka’s petition for post- conviction relief. [28] Affirmed. | 3 | 4 |
Weatherford v. Stategreen2 sentences2005Williams v. State, 706 N.E.2d 149, 154 (Ind.1999) (quoting Weatherford v. State, 619 N.E.2d 915 (Ind.1993)). 1995See Weatherford v. State (1993), Ind., 619 N.E.2d 915, 917-18 . | 1 | 2 |
Shanabarger v. Stategreen1 sentence2018See Shanabarger v. State, 846 N.E.2d 702, 709 (Ind. Ct. App. 2006) (noting that we assess counsel’s performance based on facts that were known at the time and not through the benefit of hindsight), trans. denied. | 1 | 1 |
Roush v. Stategreen1 sentence2016Court of Appeals of Indiana | Memorandum Decision 45A03-1603-CR-639 | November 15, 2016 Page 15 of 18 Constitution “authorize[] independent appellate review and revision of a sentence imposed by the trial court.” Roush v. State, 875 N.E.2d 801, 812 (Ind. Ct. App. 2007) (alteration original). | 1 | 1 |
Hopkins v. Stategreen1 sentence2016Article 7, Sections 4 and 6 of the Indiana 4 The State cites Hopkins v. State, 889 N.E.2d 314, 317 (Ind. 2008), for authority that Lucero had stipulated to the habitual offender enhancement, but Hopkins is not controlling here because it was decided under the post- conviction relief standard of review. | 1 | 1 |
Dew v. Stategreen1 sentence2015(Appellant’s App. p. 171); see Dew v. State, 843 N.E.2d 556, 560 (Ind. Ct. App. 2006), trans. denied. [17] We are also unpersuaded by Duncan’s attempts to characterize Trial Counsel’s representation as deficient based, in large part, on the fact that by the time of the post-conviction relief hearing, Trial Counsel could not recall the precise wording he utilized two-and-a-half years earlier to explain the plea offers to Court of Appeals of Indiana | Memorandum Decision 67A01-1503-PC-102 | August 20, 2015 Page 9 of 14 Duncan. | 1 | 1 |
Mark M. Jervis v. State of Indianagreen1 sentence2015The record, however, reveals that on numerous occasions, Duncan clearly “professed [her] innocence and had no intention of pleading guilty.” See Jervis v. State, 28 N.E.3d 361, 367 (Ind. Ct. App. 2015), trans. denied. | 1 | 1 |
Keller v. Stategreen1 sentence2013Ivester cites to Keller v. State, 481 N.E.2d 1109, 1112 (Ind. Ct. App. 1985), for the proposition that his prosecutorial misconduct issue would have been available on direct appeal (we need not delve into the contemporaneous objection that would have been required to make the issue available on appeal). | 1 | 1 |
Taylor v. Stategreen1 sentence2012See Taylor v. State, 882 N.E.2d 777 (Ind. Ct. App. 2008). | 1 | 1 |
Barnett v. Stategreen1 sentence2012Further, while we may correct sentencing errors on appeal even if the issue was not raised below, Barnett v. State, 834 N.E.2d 169, 173 (Ind. Ct. App. 2005), as we concluded above, the trial court here provided sufficient valid aggravating factors to impose consecutive sentences and so there was no error in sentencing. 9 Additionally, at the post-conviction relief hearing, appellate counsel said that even in retrospect, she did not think that she should have raised the testimony or sentencing issues on appeal. | 1 | 1 |
Ben-Yisrayl v. Stategreen1 sentence2011The range of relief provided under the post-conviction rules is limited to “issues that were not known at the time of the original trial or that were not available on direct appeal.” Ben-Yisrayl v. State, 738 N.E.2d 253, 258 (Ind.2000). | 1 | 1 |
McCary v. Stategreen1 sentence2006Thus, he cannot raise that issue in seeking post-conviction relief, See, e.g., McCary v. State, 761 N.E.2d 389, 392 (Ind.2002) (holding that the defendant's post-conviction relief claim of ineffective assistance of trial counsel was res judicata where he made the same argument on direct appeal), reh'y demied. | 1 | 1 |
Williams v. Stategreen1 sentence2005Williams v. State, 706 N.E.2d 149, 154 (Ind.1999) (quoting Weatherford v. State, 619 N.E.2d 915 (Ind.1993)). | 1 | 1 |
Drake v. Stategreen1 sentence1997Drake v. State, 563 N.E.2d 1286, 1288 (Ind.1990). | 1 | 1 |
| Smith v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cushman v. State
neutral
2 sentences2009Cushman v. State, 269 Ind. 68 , 378 N.E.2d 643 (1978). 6. 2009Cushman v. State, 269 Ind. 68 , 378 N.E.2d 643 (1978). 6. | 2 | 1979–2009 |
Strickland v. Washington
green
2 sentences1990Appellant acknowledges this Court’s opinion in Baum v. State (1989), Ind., 533 N.E.2d 1200 , wherein we held that if counsel has appeared and represented a petitioner in a procedurally fair setting at a post-conviction relief hearing, it is not necessary to judge his performance by the rigorous standards set forth in Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . 1990Appellant acknowledges this Court’s opinion in Baum v. State (1989), Ind., 533 N.E.2d 1200 , wherein we held that if counsel has appeared and represented a petitioner in a procedurally fair setting at a post-conviction relief hearing, it is not necessary to judge his performance by the rigorous standards set forth in Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . | 2 | 1986–1990 |
Schwartz v. State
green
1 sentence2016The trial court then ordered the sentences for the two groups of offenses to be served consecutively and committed Schwartz to the Indiana Department 2 On direct appeal, our court noted, “Although the judgment of conviction groups the offenses slightly differently, both the sentence announced at the sentencing hearing and the judgment of conviction categorize the offenses into two consecutive groups, totaling 100 years.” Schwartz, 2011 WL 1204832 , at *2 n.2. 3 At the post-conviction relief hearing, the State introduced trial court records, such as transcripts from the guilty plea hearing and | 1 | 2016–2016 |
Missouri v. Frye
green
1 sentence2015Frye, 132 S.Ct. at 1409 . [22] During the post-conviction relief hearing, Duncan testified that she would have accepted the State’s last plea offer had she known the possible sentencing range and been informed that judgment could have been entered as a Class A misdemeanor. | 1 | 2015–2015 |
Johnston v. Dobeski
green
1 sentence2009Id. | 1 | 2009–2009 |
Augustine v. State
green
2 sentences2001Augustin [Augustine] v. State, 461 N.E.2d 101 (Ind.1984). 2001Augustin [Augustine] v. State, 461 N.E.2d 101 (Ind.1984). | 1 | 2001–2001 |
Beard v. State
green
1 sentence1995Beard, 428 N.E.2d at 776 . | 1 | 1995–1995 |
Youngblood v. State
green
1 sentence1993Youngblood v. State (1989), Ind., 542 N.E.2d 188 . | 1 | 1993–1993 |
Wickliffe v. State
green
2 sentences1993Wickliffe v. State (1988), Ind., 523 N.E.2d 1385 . 1993Wickliffe v. State (1988), Ind., 523 N.E.2d 1385 . | 1 | 1993–1993 |
Lock v. State
green
2 sentences1992Stanek argues that when the court in Lock v. State (1975), 264 Ind. 25 , 338 N.E.2d 262 , 264 wrote that "if appellant's [prior convictions] rest upon invalid pleas of guilt, he should be afforded the opportunity to so demonstrate ...," it created a rule whereby he should have been granted a continuance in order to await the outcome of the post-conviction relief challenge to his prior felony convictions. 1992Stanek argues that when the court in Lock v. State (1975), 264 Ind. 25 , 338 N.E.2d 262 , 264 wrote that "if appellant's [prior convictions] rest upon invalid pleas of guilt, he should be afforded the opportunity to so demonstrate ...," it created a rule whereby he should have been granted a continuance in order to await the outcome of the post-conviction relief challenge to his prior felony convictions. | 1 | 1992–1992 |
Adams v. State
neutral
2 sentences1991On appeal, Adams v. State (1978), 268 Ind. 434 , 376 N.E.2d 482 , this Court remanded the case to the post-conviction court holding that a change of judge should have been granted and directing that a new post-conviction relief hearing be held. 1991On appeal, Adams v. State (1978), 268 Ind. 434 , 376 N.E.2d 482 , this Court remanded the case to the post-conviction court holding that a change of judge should have been granted and directing that a new post-conviction relief hearing be held. | 1 | 1991–1991 |
Stewart v. State
green
2 sentences1990Stewart v. State (1988), Ind., 517 N.E.2d 1230, 1231 . 1990Stewart v. State (1988), Ind., 517 N.E.2d 1230, 1231 . | 1 | 1990–1990 |
Baum v. State
green
2 sentences1990Appellant acknowledges this Court’s opinion in Baum v. State (1989), Ind., 533 N.E.2d 1200 , wherein we held that if counsel has appeared and represented a petitioner in a procedurally fair setting at a post-conviction relief hearing, it is not necessary to judge his performance by the rigorous standards set forth in Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . 1990Appellant acknowledges this Court's opinion in Baum v. State (1989), Ind., 533 N.E.2d 1200 , wherein we held that if counsel has appeared and represented a petitioner in a procedurally fair setting at a post-conviction relief hearing, it is not necessary to judge his performance by the rigorous standards set forth in Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . | 1 | 1990–1990 |
Gibson v. State
green
1 sentence1986Gibson, Ind., 456 N.E.2d at 1007 ; Davis, Ind., 446 N.E.2d at 1319 ; Turman v. State (1979), 271 Ind. 332, 338 , 392 N.E.2d 483, 487 ; Ind. P.C.R. 1 § 5. | 1 | 1986–1986 |
Turman v. State
green
2 sentences1986Gibson, Ind., 456 N.E.2d at 1007 ; Davis, Ind., 446 N.E.2d at 1319 ; Turman v. State (1979), 271 Ind. 332, 338 , 392 N.E.2d 483, 487 ; Ind. P.C.R. 1 § 5. 1986Gibson, Ind., 456 N.E.2d at 1007 ; Davis, Ind., 446 N.E.2d at 1319 ; Turman v. State (1979), 271 Ind. 332, 338 , 392 N.E.2d 483, 487 ; Ind. P.C.R. 1 § 5. | 1 | 1986–1986 |
| Davis v. State green | 1 | 1986–1986 |
| Lindley v. State green | 1 | 1986–1986 |
Howland v. State
neutral
1 sentence1986Ind.RP.C.R. 1, § 1(b); Howland v. State (1982), Ind., 442 N.E.2d 1081 ; Lindley v. State (1981), Ind., 426 N.E.2d 398 . | 1 | 1986–1986 |
| Stutzman v. State green | 1 | 1984–1984 |
| Gregory v. State green | 1 | 1984–1984 |
| Boykins v. State neutral | 1 | 1984–1984 |
| Twyman v. State green | 1 | 1984–1984 |
| Travelers Indemnity Co. v. Armstrong green | 1 | 1984–1984 |
| Brown v. State green | 1 | 1983–1983 |
| Hall v. State green | 1 | 1982–1982 |
| Baker v. State green | 1 | 1982–1982 |
| Lyles v. State green | 1 | 1982–1982 |
| Curl v. State green | 1 | 1982–1982 |
| Lloyd v. State green | 1 | 1982–1982 |
| Lenoir v. State green | 1 | 1979–1979 |
| Boykin v. Alabama green | 1 | 1979–1979 |
| Williams v. State green | 1 | 1979–1979 |
| Hoskins v. State green | 1 | 1978–1978 |
| Carroll v. State green | 1 | 1978–1978 |
| Asher v. State neutral | 1 | 1975–1975 |
| Johnson v. State green | 1 | 1975–1975 |
| Lipps v. State green | 1 | 1973–1973 |
| Dixon v. State green | 1 | 1973–1973 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.