Indiana Supreme Court· 11/26/2002

Bunch v. State

Citations

778 N.E.2d 1285
2002 Ind. LEXIS 900
2002 WL 31656566

How courts have described this case

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

holding that defendant’s claim of sentencing error was procedurally defaulted on post-conviction where the sentencing issue was available but not raised on direct appeal
observing that a court on appeal may find that an issue presented in a post-conviction petition was forfeited by means of procedural default
observing that freestanding claims of fundamental error cannot be raised on post- conviction even if they have not been previously litigated
observing that issues known and available but not raised on direct appeal are waived or procedurally defaulted and may not be raised on post- conviction relief
acknowledging “doctrine of judicial administration whereby appellate courts may sua sponte find an issue foreclosed under a variety of circumstances in which a party has failed to take the necessary steps to preserve the issue.”
“It has long been held that claims available on direct appeal but not presented are not available for post-conviction review.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boehm, Shepard, Dickson, Sullivan, Rucker

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Cited by

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

Cites

19 cases in this archive are cited by this case.

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