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Lindsey v. State

Citations

  • 888 N.E.2d 319
  • 2008 Ind. App. LEXIS 1254
  • 2008 WL 2390726

How courts have described this case

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

  • noting that if an issue was raised on direct appeal, but decided adversely, it is res judicata
  • noting a claim of fundamental error on post-conviction can only be made in the context of an ineffective assistance claim or if the issue was demonstrably unavailable at the time of trial and direct appeal
  • issues available on post-conviction limited to ineffective assistance of counsel and issues unavailable to petitioner on direct appeal that resulted in fundamental error
  • “Section 18 applies only to the penal code as a whole and not to individual sentences.”
  • “[a] defendant in a post-conviction proceeding may allege a claim of fundamental error only when asserting either (1) deprivation of the Sixth Amendment right to effective assistance of counsel, or (2

Source: CourtListener parenthetical corpus (CC0).

Judges: Najam, Darden, Brown

Read full opinion on CourtListener

Cited by

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

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

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.