Standard for assessing effective performance of Post-Conviction Rule 2 counsel is the Baum “due-course-of-law” standard, not the two-prong Sixth Amendment Strickland standard.
F. Sullivan
Dexter v. State, No. 79S05-1106-CR-367, __ N.E.2d __ (Ind., Jan. 12, 2012).
In an habitual offender proceeding, “an unsigned judgment is not sufficient to prove beyond a reasonable doubt the fact of a prior conviction.”
Haag v. Castro, No. 29S04-1102-CT-118, ___ N.E.2d ___ (Ind., Jan. 10, 2012).
A local youth soccer team cannot recover under the state youth soccer governing association’s business auto-insurance policy for injuries sustained when the van in which they were riding was involved in an accident, because the van was not being used in the business of the association, a condition for coverage under the insurance policy at issue.
State v. Economic Freedom Fund, No. 07S00-1008-MI-411, ___ N.E.2d ___ (Ind., Dec. 29, 2011).
The First Amendment claim against the Indiana Autodialer Law by an entity that uses an automated dialing device to deliver prerecorded political messages would likely fail; further, there is no reasonable likelihood of success on the merits of the entity’s claim that the Autodialer Law’s live-operator requirement materially burdens its right to engage in political speech in violation of the state constitution.
Snyder v. King, No. 94S00-1101-CQ-5, ___ N.E.2d ___ (Ind., Dec. 15, 2011).
Misdemeanor battery is not an “infamous crime” for the purpose of Article II, § 8, of the Indiana Constitution, which authorizes the General Assembly to disenfranchise “any person convicted of an infamous crime”; additionally, the General Assembly has separate constitutional authority to cancel the registration of any person incarcerated following conviction, for the duration of incarceration.