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