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Anthony Hollowell v. State of Indiana
19 N.E.3d 263
| Ind. | 2014
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Background

  • Hollowell was convicted of conspiracy to deal cocaine (Class B) and sentenced to a 16-year executed term.
  • Appellate relief was denied on direct appeal and then Hollowell filed a pro se post-conviction relief petition, which the PCR court denied.
  • Hollowell filed a Notice of Appeal pro se, but service issues arose: the court reporter and trial court did not receive copies as required.
  • A transcript request and forma pauperis motion were filed late and raised questions about payment arrangements for the transcript.
  • The Court of Appeals dismissed the appeal for procedural issues, and this Court granted transfer to address the merits.
  • The trial evidence showed a CI, Detective Waters, Detective McGivern, and Jenkins; Hollowell allegedly appeared with a Dodge Ram truck and possession of buy money, leading to the conspiracy conviction, while Hollowell was later stopped with buy money in his possession.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether appellate counsel was ineffective for not challenging circumstantial evidence of an agreement. Hollowell State No reversible error; insufficient prejudice shown.
Whether lack of direct evidence of two intents defeats the conspiracy conviction. Hollowell State Evidence supported inference of agreement; no reversal.

Key Cases Cited

  • Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (two-part test for ineffective assistance of counsel)
  • Weatherford v. State, 619 N.E.2d 915 (Ind. 1993) (standard for reviewing post-conviction relief)
  • Ben-Yisrayl v. State, 729 N.E.2d 102 (Ind. 2000) (reversal standard for post-conviction findings)
  • Minnick v. State, 698 N.E.2d 745 (Ind. 1998) (waiver and argument preservation in PCR)
  • Reed v. State, 856 N.E.2d 1189 (Ind. 2006) (categories of ineffective assistance claims)
  • Fisher v. State, 810 N.E.2d 674 (Ind. 2004) (preponderance standard in post-conviction relief)
Read the full case

Case Details

Case Name: Anthony Hollowell v. State of Indiana
Court Name: Indiana Supreme Court
Date Published: Oct 30, 2014
Citation: 19 N.E.3d 263
Docket Number: 49S02-1310-PC-684
Court Abbreviation: Ind.