Wednesday, June 04, 2008
Ind. Decisions - Supreme Court issues a decision today on a direct appeal
In Wayne Jewell v. State of Indiana, a 4-page, 5-0 opinion, Justice Dickson writes:
In this direct appeal, the defendant has challenged his three convictions by asserting six appellate claims as fundamental error. The Court of Appeals sua sponte recharacterized three of these as issues of ineffective assistance of counsel and denied relief, but reversed two of the three convictions on other grounds. Jewell v. State, 877 N.E.2d 864, 872-73 (Ind. Ct. App. 2007). Urging that he did not present any direct appeal issues as claims of ineffective assistance and that he could present this issue in possible future post-conviction proceedings, the defendant sought transfer. We grant transfer and now reject the defendant's procedurally defaulted claims solely on grounds that they do not constitute fundamental error.
Posted by Marcia Oddi on June 4, 2008 12:58 PM
Posted to Ind. Sup.Ct. Decisions