Harley v. State
952 N.E.2d 301
Ind. Ct. App.2011Background
- Harley, born 1960, has paranoid schizophrenia and has received SSI since 1986.
- In 1994 his child was born; a 1995 divorce followed and a child-support order was issued.
- He was incarcerated from 1995 to 1999 and did not receive SSI during that period.
- Upon release, he resumed receiving SSI benefits.
- Between 1999 and 2006, Harley failed to pay, accruing over $15,000 in arrears and limited employment.
- Information charging nonsupport was filed January 11, 2006; Harley pled guilty July 26, 2006 and was sentenced to eight years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to raise SSI defense | Harley | Harley | Counsel ineffective; remand for new trial |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong Strickland standard for ineffective assistance)