Troy R. Shaw v. State of Indiana

At issue is whether a petitioner who has obtained the right to a new appeal from a federal court may, without prior authorization, file a post-conviction petition that challenges only the issues emerging from the new direct appeal.

We hold that a post-conviction petition that addresses only the proceedings on remand from this grant of relief is not a "second" or "successive" petition under Ind. Post-Conviction Rule 1(12). In these limited cases, such a petition may proceed *92 without the prior authorization of this Court or the Court of Appeals.

Facts and Procedural History

In 2002, a jury…