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Legal Opinion

Witt v. State

Indiana Court of Appeals

Decided November 19, 2010No. 45A05-1005-PC-319PublishedCited by 8 opinions

1Opinion of the Court

OPINION

BAILEY, Judge.

Case Summary

Darren Witt appeals the denial of his petition for post-conviction relief, wherein he challenged his sentence of life without parole ("LWOP") imposed following his plea of guilty to Murder. We affirm. 1

Issues

Witt presents two issues for review:

I. Whether his sentence violates Indiana statutory authority because he is a mentally retarded individual who has been sentenced to life in prison without the possibility of parole; and

II. Whether he received the effective assistance of counsel.

Facts and Procedural History

In October of 1995, Witt was charged with…

2Cases cited13 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. Timberlake v. StateIndiana Supreme Court · 2001
  4. Fisher v. StateIndiana Supreme Court · 2004
  5. Ben-Yisrayl v. StateIndiana Supreme Court · 2000

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3Cited by8 opinions

  1. Ybarra v. StateNevada Supreme Court · 2011
  2. Steven Bethel v. State of IndianaIndiana Court of Appeals · 2018
  3. Charles A. DePree v. State of IndianaIndiana Court of Appeals · 2014
  4. Charles James Popp v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019
  5. David Wayne Singer v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2016

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

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