Legal Opinion

Hernandez v. State

Indiana Court of Appeals

Decided August 2, 1994No. 49A02-9310-CR-539PublishedCited by 7 opinions

1Opinion of the Court

KIRSCH, Judge.

Francisco Hernandez appeals his conviction for Child Molesting, 1 a Class B felony. The only issue before us is whether trial counsel's decision to interview but not depose the prosecution's main witness constituted ineffective assistance of counsel.

We affirm.

FACTS AND PROCEDURAL HISTORY

Hernandez was charged by information with child molesting. The information alleged that Hernandez engaged in deviate sexual conduct by inserting a finger into the sex organ of M.S., a child who was under the age of twelve (12) when the incident occurred.

Prior to trial, Hernandez's counsel…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Fugate v. StateIndiana Supreme Court · 1993
  3. Burr v. StateIndiana Supreme Court · 1986
  4. Smith v. StateIndiana Supreme Court · 1979
  5. Mato v. StateIndiana Supreme Court · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Badelle v. StateIndiana Court of Appeals · 2001
  2. Jeffrey A. Weisheit v. State of IndianaIndiana Supreme Court · 2018
  3. State v. WintersIndiana Court of Appeals · 1997
  4. Stringer v. StateIndiana Court of Appeals · 1998
  5. Samaniego v. StateIndiana Court of Appeals · 1997

2 more not listed; retrieve them via the Exa API.

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