Kirby v. State

How courts have described this case

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

• providing that the post-conviction court could have reasonably inferred that the petitioner, who had had repeated contacts with the criminal justice system and had been incarcerated, would have enjoyed access to a law library where he could have learned about post-conviction remedies
• providing that the evidence was sufficient to prove that the State was prejudiced by the petitioner’s delay when the State demonstrated that some of the evidence used at trial had been destroyed and that the State was unable to locate all of the victims of the petitioner’s offenses
• reviewing the merits of a post-conviction petition, even though the sentence for the underlying conviction had been served, because “convictions have collateral consequences inasmuch as they . . . may form the basis of a habitual offender enhancement”
• reviewing the merits of a post- conviction petition, even though the sentence for the underlying conviction had been served, because “convictions have collateral consequences inasmuch as they . . . may form the basis of a habitual offender enhancement”
• “[Prejudice exists when the unreasonable delay operates to materially diminish a reasonable likelihood of successful re-prosecution.” (Citation omitted)
• “The [government] has an obligation to use due diligence in its investigation of the availability of evidence and witnesses.” (Citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• Johnson v. State
  North Dakota Supreme Court· 2006-06-01· cited 33×
• Oliver v. State
  Indiana Court of Appeals· 2006-03-13· cited 31×
• Jones v. State
  Court of Appeals of Maryland· 2015-12-07· cited 20×
• Hamed v. State
  Indiana Court of Appeals· 2006-08-15· cited 9×
• Jay R. Thompson v. Richard Brown
  Seventh Circuit· 2018-08-27· cited 2×
• Charles A. Edmonson v. State of Indiana
  Indiana Court of Appeals· 2017-11-09· cited 1×
• Araujo v. State
  Superior Court of Rhode Island· 2010-02-12
• Joshua M. Wren v. Reed Richardson
  Wisconsin Supreme Court· 2019-12-26
• Frank Jones v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2020-04-24
• Commitment of M T
  Indiana Court of Appeals· 2023-09-14
• Commitment of C P
  Indiana Court of Appeals· 2023-09-14

Cites

10 cases in this archive are cited by this case.

• Perry v. State
  Indiana Supreme Court· 1987-09-04· cited 57×
• In Re the Marriage of Stariha
  Indiana Court of Appeals· 1987-06-29· cited 35×
• Armstrong v. State
  Indiana Supreme Court· 2001-05-21· cited 30×
• Lacy v. State
  Indiana Supreme Court· 1986-04-14· cited 30×
• Williams v. State
  Indiana Supreme Court· 1999-09-29· cited 20×
• Taylor v. State
  Indiana Court of Appeals· 1986-05-20· cited 17×
• Mahone v. State
  Indiana Court of Appeals· 2001-01-22· cited 9×
• McCollum v. State
  Indiana Court of Appeals· 1996-10-08· cited 8×
• McCollum v. State
  Indiana Court of Appeals· 1997-02-03· cited 6×
• Sanders v. State
  Indiana Supreme Court· 2000-08-21· cited 5×