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Published by the Indiana Office of Court Services

Love v. State, No. 20A05-1509-CR-1327, ___ N.E.3d ___ (Ind. Ct. App., April 20, 2016).

April 25, 2016 Filed Under: Criminal Tagged With: Appeals, M. Bailey

Bailey, J.
….
[From 2007 through 2012, Love unsuccessfully pursued a direct appeal, a post-conviction appeal, one state and one federal habeas claim, and then four more unauthorized successive PCRs.] … When Love was last before this Court in 2014, we denied his appeal, directed the trial court to consider sanctions for future barred claims, and required that Love list all of his cases in future appeals. [Citation omitted.]
On April 4, 2014, Love filed a petition for a writ of habeas corpus in LaPorte County, where he was incarcerated. [Record citations omitted throughout.] He amended his petition in March, 2015. On June 1, 2015, the case was transferred to the Elkhart Circuit Court. … The Elkhart Circuit Court denied his motions on August 10, 2015. Further, the Elkhart Circuit Court heeded this Court’s prior advice to implement sanctions, … imposed specific filing criteria for any future litigation Love might pursue, and stripped Mr. Love of credit time earned as an inmate in the Department of Correction (“DOC”). [Footnote omitted.]
 
….
… When a trial court encounters an improper successive petition for post-conviction relief, it should dismiss the petition. [Citations omitted.]
Love has previously sought post-conviction relief. On multiple occasions, he has failed to properly request permission to file a successive post-conviction petition from this Court or the Indiana Supreme Court. The same is true in the instant action. Accordingly, we order the trial court to vacate its judgment (except sanctions) and remand with instructions to otherwise enter an order of dismissal.
Remanded.
Vaidik, C.J., and Crone, J., concur.
 

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