Legal Opinion
Juan M. Garrett v. State of Indiana
Indiana Supreme Court
Decided August 28, 2013No. 49S04-1207-PC-431PublishedCited by 123 opinions
1Opinion of the Court
RUCKER, Justice.
We hold that the “actual evidence” test announced in Richardson v. State, 717 N.E.2d 32 (Ind.1999) is applicable to cases in which there has been an acquittal on one charge and retrial on another charge after a hung jury. We conclude however that the post-conviction court properly denied the petitioner’s claim that counsel rendered ineffective assistance in failing to pursue this issue at trial or on direct appeal.
Facts and Procedural History
Factual Background
This case arises out of an abduction and sexual assault and resulted in two successive trials. The underlying facts are…
2Cases cited31 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Burks v. United StatesSupreme Court of the United States · 1978
- Benton v. MarylandSupreme Court of the United States · 1969
- Green v. United StatesSupreme Court of the United States · 1957
26 more not listed; retrieve them via the Exa API.
3Cited by123 opinions
- Cornelius Hines v. State of IndianaIndiana Supreme Court · 2015
- Thomas M. Kunberger v. State of IndianaIndiana Court of Appeals · 2015
- David Williams v. State of IndianaIndiana Court of Appeals · 2013
- In the Matter of Eq.W., M.W., A.W., S.W., and Ez.W. (Minor Children) V.B. (Mother) v. Indiana Department of Child ServicesIndiana Supreme Court · 2019
- Brooks Berg v. State of IndianaIndiana Court of Appeals · 2015
118 more not listed; retrieve them via the Exa API.