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Wednesday, February 27, 2008
Ind. Decisions - Supreme Court decides one today
In Henley v. State of Indiana, a 19-page, 5-0 opinion, Justice Rucker writes:
When a trial court summarily denies a pro se defendant’s request that standby counsel deliver closing argument, the denial is not per se reversible error. Rather, the inquiry is whether the trial court abused its discretion in denying the request for counsel. * * *The post-conviction court concluded that appellate counsel did not render ineffective assistance concerning Henley’s claim of insufficient evidence to support the attempted murder conviction. We disagree and reverse the post-conviction court on this issue. This cause is remanded with instructions to vacate Henley’s conviction for attempted murder and the sentence imposed thereon. In all other respects the judgment of the post-conviction court is affirmed.
Posted by Marcia Oddi on February 27, 2008 10:06 AM
Posted to Ind. Sup.Ct. Decisions