Joshua Resendez v. Wendy Knight

TINDER, Circuit Judge.

Joshua Resendez appeals the district court’s dismissal of his petition for a writ of habeas corpus, contending that the State denied him of his constitutional right to counsel in a sentence correction proceeding under Indiana Code § 35-38-1-15. At first blush, this case appears to present the question whether a § 35-38-1-15 proceeding is properly classified as a direct or collateral proceeding for federal habeas purposes. But we need not reach that question because we conclude that Resendez’s claims may not be presented via a § 35-38-1-15 motion.

I

In October 2002, Joshua…