Indiana Habeas Corpus Law

Da'Ione L. Fields v. United States of America

Hammond, Indiana criminal defense lawyer represented Defendant charged with mail fraud. Da'Ione Fields entered a plea of guilty to one count of mail fraud. On July 16, 2021, I sentenced Fields to a prison term of 24 months, and recommended that he be given credit for time served. [DE 70-2 in 2:20CR134.] Fields is currently serving his sentence at FCI Milan in Michigan. The Bureau of ... More...

$0 (07-25-2022 - IN)

Travon R. Fincher v. State of Indian

Fort Wayne, IN - Criminal Defense Attorney, murder, attempted murder, adjudication for use-of-firearm <center> <h1> 125 years for man who shot 3 people in 2018 </h1> </center> [4] In August 2018, Rachel Burtz (Burtz) and Jason Sandy (Sandy) were living together in Fort Wayne, Indiana. Sandy’s close friend, Rick Pelmear (Pelmear... More...

$0 (10-07-2020 - IN)

Frederick A. Young v. Mark Sevier, Indiana Parole Board

<center> <table> <td> <img width="400" src=" https://www.ciyoudixonlaw.com/wp-content/uploads/2013/04/court-of-appeals.jpg "> </td> </table> <h1> COURT OF APPEALS OF INDIANA </h1> </center> <center> <img width="400" src="https://i0.wp.com/www.morelawtv.com/wp-content/uploads/2020/08/subscription.gif?fit=300%2C42"> </cente... More...

$0 (08-25-2020 - IN)

John Gates v. State of Indiana

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> On May 8, 2008, Gates pleaded guilty to charges of rape and escape in Vanderburgh County and wa... More...

$0 (05-03-2020 - IN)

Reynaldo Ernesto Alvarez v. State of Indiana

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> Alvarez sexually assaulted F.W. in the front yard of her Hamilton County home. On October 9, 20... More...

$0 (05-03-2020 - IN)

Dale M. Thomas v. State of Indiana

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> On January 25, 2017, the State charged Thomas with possession of methamphetamine, a Level ... More...

$0 (05-02-2020 - IN)

Antonio T. Sims v. Ron Neal

<center><h2> Need help finding a lawyer for representation concerning appealing a denial of a Verified Petition for Writ of Habeas Corpus in Indiana? Call 918-582-6422. It's Free. </h2> </center> Sims is currently incarcerated in the Indiana Department of Correction (“DOC”) for sentences received in cause number 49G05-070... More...

$0 (01-28-2020 - IN)

Walter Goudy v. Rodney J. Cummings

<center> <img width="300" src="http://www.insd.uscourts.gov/sites/insd/files/indianapolis.png"> </center> In 1963 the Supreme Court announced that the prosecution team has a duty under the Due Process Clause of the Fourteenth Amendment to turn over material, exculpatory evidence to criminal defendants. Brady v. Maryland, 373 U.S. 83 (1963); see also Kyles v. Whitley,... More...

$0 (05-01-2019 - IN)

Anthony Bedolla v. State of Indiana <table> <td>

The relevant facts as discussed in Bedolla’s direct appeal follow: In the early morning hours of March 8, 2009, Jose Reyes and his girlfriend, Sarai Solano, were at the El Rey De Copas club in Indianapolis. Solano had worked as a paid confidential informant for the police in other cases. Solano saw Erick Espinoza arguing with Bedolla in the club and saw Bedolla push Espinoza. Solano had ... More...

$0 (09-03-2018 - IN)

William P. Stickrod v. State of Indiana <table> <td>

At 6:50 p.m. on December 17, 2016, Officer Grant Leroux of the Lafayette Police Department and other officers arrived at a house in Lafayette, Indiana. The house belonged to Stickrod’s mother, but Officer Leroux knew that Stickrod lived there. The officers were there to execute warrants to arrest Stickrod for failing to appear at court hearings in two criminal cases. ... More...

$0 (08-04-2018 - IN)

State of Tennessee v. Kaylecia Woodard <table> <td>

The defendant’s conviction relates to the June 16, 2014 robbery of the Grocery and Tobacco Market on Maryville Pike in Knoxville. On that date, Anthony -2 Smith robbed the store clerk, Mohammed Islam, at gunpoint. Mr. Islam described the offense at trial: What actually happened is I am working and my employee called me, I was talking to them. And one guy – with the bandana, he ... More...

$0 (06-18-2017 - IN)

Andy A. Shinnock v. State of Indiana

In August 2015, Shinnock resided with Paul Moore and Moore’s two dogs in Muncie. One morning when Moore returned home from work, he called the dogs, but they did not respond. Moore called the dogs a second time, and only the male dog responded. Moore noticed dog feces on the floor and dog food scattered about. He then called for the female dog by name. When she still did... More...

$0 (02-12-2017 - IN)

Jason A. Jones v. State of Indiana

In 2010, Jones was convicted of Class B felony dealing in methamphetamine and Class B misdemeanor visiting a common nuisance. Jones was sentenced to an aggregate term of fifteen years with ten years executed and five years suspended to probation. In 2013, Jones successfully petitioned the trial court to modify his sentence, and on April 11 of that year, the trial court ordered ... More...

$0 (03-16-2016 - IN)

Kenneth Thompson Anderson v. State of Tennessee

We will refer to the victims by initials. Following a jury trial, the Petitioner was convicted of five counts of statutory rape and two counts of assault against J.T. State v. Kenneth Thompson Anderson, Jr., No. M2008-01377-CCA-R3-CD, 2009 WL 3103790, at *1 (Tenn. Crim. App. Sept. 28, 2009), overruled on other grounds by State v. Collier, 411 S.W.3d 886 (Tenn. 2013) (“Anderson I”). The... More...

$0 (02-06-2016 - IN)

Keith Hoglund v. State of Indiana

The facts, as set forth in Hoglund’s direct appeal, are as follows: Hoglund and Teresa Mallot (Mallot) were married in June 1998. At that time, Mallot was the mother of a four-year-old son from a prior relationship. Two daughters were born to the marriage, A.H. in 1998 and a sister in 2001. In June 2002[,] the family moved from Fort Wayne to a home in Wells County. A.H. was four years o... More...

$0 (02-06-2016 - IN)

Raymond A. Warren v. State of Indiana

On November 17, 2010, the State charged Warren with three counts of Class A felony child molesting and one count of Class C felony child molesting. During voir dire of prospective jurors for Warren’s trial, the trial court removed two jurors for cause, one of whom reported having a child who had been molested and one of whom reported having been molested herself. During gro... More...

$0 (02-02-2016 - IN)

GLADNEY v. BUGHER

Prisoners in Indiana custody may not be deprived of good-time credits, Cochran v. Buss, 381 F.3d 637, 639 (7th Cir. 2004) (per curiam), or of credit-earning class, Montgomery v. Anderson, 262 F.3d 641, 644-45 (7th Cir. 2001), without due process. The due process requirement is satisfied with the issuance of advance written notice of the charges, a limited opportunity to presen... More...

$0 (11-21-2015 - IN)

Tom Allen Manuel v. J.A. Terris

Manuel, a federal prisoner, filed a petition for habeas corpus (28 U.S.C. § 2241) directed at the warden of his prison and claiming an entitlement to a reduction in his prison sentence. The district court, disagreeing, denied the petition. 2 No. 15-1392 Multiple overlapping sentences—which Manuel received—present difficult analytical questions. With some statu... More...

$0 (10-07-2015 - IN)

Tom Manuel v. J.A. Terris

Manuel had been sentenced to prison on October 27, 2010, for two criminal violations of federal law. The judge had made the sentences (each of 51 months) concurrent and also had directed that Manuel “receive credit for not less than all the time he has spent in federal custody” since May 24, 2010. That was the date on which, having been arrested earlier in the year by Michigan law enforcement ... More...

$0 (10-11-2015 - IN)

Humberto Sanchez-Rengifo v. J. Caraway

Mr. Sanchez-Rengifo was convicted by a jury in the Superior Court of the District of Columbia of, among other crimes, three counts of first-degree child sexual abuse while armed and one count of second-degree child sexual abuse while armed. The District of Columbia Court of Appeals described the factual basis for those convictions accordingly: The offenses occurred on June 16, 1997, the fifteenth ... More...

$0 (08-16-2015 - IN)

Wayne Kubisch v. Ron Neal

Wayne Kubsch appeals the denial of his habeas corpus petition. After being convicted of murdering his wife, her son, and her ex-husband, Kubsch was sentenced to death. Kubsch’s three principal arguments on appeal are that his conviction and sentence are unconstitutional because (a) the Indiana trial court excluded evidence of a witness’s exculpatory but hearsay statemen... More...

$0 (08-12-2015 - IN)

Dominique Brisker v. State of Indiana

Dominique Brisker appeals the revocation of his probation. Brisker raises one issue, which we restate as whether the evidence is sufficient to support the revocation of his probation. We affirm. FACTS AND PROCEDURAL HISTORY In May 2009, the State charged Brisker with dealing in cocaine as a class B felony and escape as a class C felony. In August 2009, Brisker pled guilty, and, in Se... More...

$0 (02-17-2014 - IN)

Christian Serino v. Alec Hensley and City of Oakland City, Indiana

In September 2008, Oakland City Chief of Police Alec Hensley arrested Christian Serino for trespass and resisting law enforcement. The charges were eventually dropped. In March 2012, Serino filed suit against Hensley and Oakland City in federal district court. He alleged that Hensley violated his constitutional rights and committed multiple stateâ€law torts. The district court dis2 No.... More...

$0 (11-05-2013 - IN)

Jayne A. Mathews-Sheets v. Michael J. Astrue

After prevailing in this suit for social security disability benefits, the plaintiff asked for an award of attorney's fees of $25,200. The district judge cut the amount down to $6,625. He thought the hours her lawyer had spent on the case excessive and sliced them from 112 or 116 (we're about to see that it's unclear how many hours the lawyer was seeking compensation for) to 53. Although the judge... More...

$0 (08-08-2011 - IN)

Christopher Parish v. City of Elkhart

In this case, we are confronted with the question of when claims of police misconduct resulting in false arrest, false imprisonment, and intentional infliction of emotional distress ("IIEDâ€), accrue for the purpose of the general two-year statute of limitation in Indiana. After serving eight years of a thirtyyear prison sentence for attempted murder, plaintiffappellant, Christopher Parish, w... More...

$0 (07-30-2010 - IN)

<a href="http://www.in.gov/judiciary/opinions/archive/08150002.msm.html" target="_new">Wallace L. Hogle v. Shireley A. Hogle</a>

Wallace Hogle appeals the trial court's entry of a Qualified Domestic Relations Order ("QDRO"). He raises a single issue on appeal, which we restate as whether the trial court properly entered, some twenty years after the parties' marriage was dissolved, a QDRO which transfers to Wallace's former wife, Shirley Hogle, benefits from Wallace's pension plan in order to satisfy a California judgment... More...

$0 (08-15-2000 - IN)

<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=02-1514.PDF" target="_new">Roberto Gonzalez and Gloria Holland v. Nicholas Kokot and Deverick Dixon</a>

This appeal comes to us from a grant of summary judgment in favor of two East Chicago, Indiana police officers. A Chicago, Illinois police officer and his friend brought this § 1983 lawsuit, alleging that their constitutional rights had been violated when the East Chicago officers wrongfully arrested them and used excessive force in doing so. This lawsuit by Roberto Gonzalez and Gloria Hol... More...

$0 (12-30-2002 - IN)

<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=01-1726" target="_new">Guillermo Hoyte-Mesa v. John Ashcroft</a>

Guillermo Hoyte-Mesa, an excludable alien and citizen of Cuba, has been detained by the INS in federal prison since March 1996 pending deportation. Hoyte filed a petition for a writ of habeas corpus under 28 U.S.C. sec. 2241, challenging his detention on the grounds that it violates his due process rights and amounts to cruel and unusual punishment. The district court denied his petition... More...

$0 (12-03-2001 - IN)