Mallory v. State
954 N.E.2d 933
Ind. Ct. App.2011Background
- Mallory pled guilty to murder in 1989 and was sentenced to 55 years in prison.
- Mallory later sought a belated direct appeal, which was granted in 2005 and affirmed in 2006.
- Mallory filed a post-conviction relief petition on July 7, 2008; amended June 2009.
- PCR evidentiary hearing held December 22, 2009; relief denied June 14, 2010.
- Mallory appeals the denial of PCR, arguing ineffective assistance of trial and appellate counsel; court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of trial counsel per se due to non-Indiana license | Mallory (trial) | State | Not per se ineffective; out-of-state license not automatically defective under Maldonado/Merida; not per se disqualifying. |
| Ineffective assistance of appellate counsel for specific failures | Mallory | State | Waived on appeal under Indiana Appellate Rule 46(A)(8) for lack of cogent argument and citation. |
Key Cases Cited
- Maldonado v. State, 355 N.E.2d 843 (Ind. 1976) (out-of-state counsel not per se ineffective)
- Merida v. State, 383 N.E.2d 1043 (Ind. 1979) (out-of-state counsel not per se incompetent)
- Stevens v. State, 770 N.E.2d 739 (Ind.2002) (post-conviction standard of review; credibility of witnesses)
- Reed v. State, 866 N.E.2d 767 (Ind.2007) (two-prong ineffective assistance test; prejudice analysis)
- Godby v. State, 809 N.E.2d 480 (Ind.Ct.App.2004) (weight of the evidence; standard for review)
- Smith v. State, 765 N.E.2d 578 (Ind.2002) (assistance of counsel; deference to strategic decisions)
- Williams v. State, 706 N.E.2d 149 (Ind.1999) (prejudice prong emphasis in ineffective assistance)