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Timberlake v. State

Citations

  • 753 N.E.2d 591
  • 2001 Ind. LEXIS 737
  • 2001 WL 936746

How courts have described this case

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

  • holding that a claim of ineffective assistance of counsel is properly presented in a post-conviction proceeding if it was not presented on direct appeal
  • holding that issues available but not presented on direct appeal may not be presented for the first time in petition for post-conviction relief
  • holding that free-standing claims of error and issues that were known and available on direct appeal are not available in post-conviction proceedings
  • holding that issues that were known and available on direct appeal, but not raised, are waived
  • noting that most free-standing claims of error are not available in post- conviction proceedings because of the doctrines of waiver and res judicata
  • providing that “[i]f an issue was known and available, but not raised on direct appeal, it is waived”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boehm, Shepard, Dickson, Sullivan, Rucker

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named Timberlake v. State

17 other CourtListener records share this case 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.