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Unformatted text preview: FOR EDUCATIONAL USE ONLY Page 1 741 N.E.2d 1177 (Cite as: 741 N.E.2d 1177) Supreme Court of Indiana. Michael William DANIELS, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). No. 49S00-9411-SD-1079. Jan. 12, 2001. After defendant's convictions for felony murder, attempted robbery and robbery were upheld on direct appeal, 453 N.E.2d 160, defendant filed petition for postconviction relief. The Superior Court, Marion County, James Detamore , Special Judge, granted partial summary judgment in favor of defendant, and State appealed. The Supreme Court, 680 N.E.2d 829, reversed and remanded. On remand, the Superior Court denied petition, and defendant appealed. The Supreme Court, Shepard , C.J., held that: (1) defendant's claim of ineffective assistance of trial counsel during both guilt and penalty phase of trial was barred by doctrines of res judicata and waiver; (2) claim of ineffectiveness of trial counsel, based on counsel's failure to investigate and present defendant's social history during penalty phase of murder trial, was barred by doctrines of res judicata and waiver; (3) claim that attorney who filed motion to cor- rect error after trial rendered ineffective assistance of counsel was waived; (4) evidence was not sufficient to find that defendant's postconviction counsel was ineffective for allegedly failing to investigate and present evidence re- lating to other alleged shooter and available mitigation evidence. Affirmed. Boehm , J., dissented with opinion, in which Rucker , J., joined. West Headnotes  Criminal Law 110 1668(3) 110 Criminal Law 110XXX Post-Conviction Relief 110XXX(C) Proceedings 110XXX(C)3 Hearing and Determination 110k1666 Effect of Determination 110k1668 Successive Post-Conviction Proceedings 110k1668(3) k. Particular Issues and Cases. Most Cited Cases In successive post-conviction petition for relief, absent showing that claim of ineffective assistance of counsel was predicated on newly discovered evidence or that there was a Brady violation, defendant's claim of ineffective assist- ance claim in both guilty and penalty phases of murder trial was barred by doctrine of res judicata and waiver, even if initial petition omitted to focus on apparent lack of thoroughness on part of trial counsel in pursuing other alleged shooter. U.S.C.A. Const.Amend. 6 .  Criminal Law 110 1668(3) 110 Criminal Law 110XXX Post-Conviction Relief 110XXX(C) Proceedings 110XXX(C)3 Hearing and Determination 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. FOR EDUCATIONAL USE ONLY Page 2 741 N.E.2d 1177 (Cite as: 741 N.E.2d 1177) 110k1666 Effect of Determination 110k1668 Successive Post-Conviction Proceedings 110k1668(3) k. Particular Issues and Cases. Most Cited Cases Application of res judicata, in barring reconsideration of issue presented on murder defendant's successive post-con- viction relief petition on whether he received ineffective assistance of counsel, did not constitute manifest injustice, though matters defendant cited suggested some uncertainty in evidence on who was shooter, given that testimony of...
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This note was uploaded on 11/17/2011 for the course PSYCHOLOGY 830:452 taught by Professor Staff during the Fall '11 term at Rutgers.
- Fall '11
- The Land