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Bailey v. State

Citations

  • 472 N.E.2d 1260
  • 1985 Ind. LEXIS 735

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that counsel is not ineffective if he or she fails 17 to “change then-existing law”
  • concluding that no ineffective assistance of counsel was established by counsels’ failure to request a jury instruction that would anticipate a change in substantive law
  • holding that counsel is not ineffective if he or she fails to “change then-existing law”
  • holding that “in a post-conviction petition an allegation of the denial of the petitioner’s due process rights may not be raised in the ‘free standing’ form of an allegation of fundamental error.”
  • modifying holdings of Haggard, Griffin, and Nelson in stating that court will not entertain freestanding allegations of fundamental error; petitioner must also allege one of the six claims set forth in the post-conviction rules such as conviction was in violation of the Constitution

Source: CourtListener parenthetical corpus (CC0).

Judges: Givan, Hunter, Prentice, Pivarnik, Debruler

Read full opinion on CourtListener

Cited by

99 cases in this archive cite this case; the 20 most cited are listed.

Cites

20 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.