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Saturday, January 31, 2009

Ind. Decisions - Transfers granted in two cases, including Papa John's Pizza case

The transfer list will not be available until Monday, but the ILB has received notice of two transfers granted Thursday, the 29th.

The first is Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A., Inc. See summary of 7/11/08 COA opinion here. Here is a list of earlier ILB entries on this case, including several press stories.

The second is James H. Helton, Jr. v. State of Indiana - From the 5/16/08 COA opinion: "Given Helton’s trial counsel’s misunderstanding of the law which applies to this available and dispositive defense, he could not have given Helton competent advice on whether to plead guilty, and his performance fell below an objective standard of reasonableness. And had trial counsel filed a motion to suppress, the trial court would have been compelled to grant that motion, and the State would have likely been obliged to dismiss the charges against Helton. The burden to prove “a reasonable probability of acquittal” in making an ineffective assistance of counsel claim after pleading guilty is an onerous one. See Segura, 749 N.E.2d at 503. It is rare that we reverse the denial of a petition for post-conviction relief on these grounds, but Helton has satisfied that burden here. Helton has satisfied both prongs set out in Strickland. The law is with Helton, and, thus, we reverse the post-conviction court’s order. Reversed."

Posted by Marcia Oddi on January 31, 2009 09:33 AM
Posted to Indiana Transfer Lists