Mitchell v. State
2011 Ind. App. LEXIS 599
| Ind. Ct. App. | 2011Background
- Mitchell was convicted by a jury of three felony murders, one attempted murder, one robbery, and carrying a handgun without a license; conspiracy to commit robbery was acquitted; enhancements and other charges were resolved with some dismissals; he received a composite sentence totaling ninety-three years.
- Direct appeal challenged jury instruction, certain testimony, sufficiency of the evidence, and sentence; the appellate court affirmed the overall judgment.
- The Indiana Supreme Court affirmed the sentence and summarily affirmed the remainder of the prior opinion.
- Mitchell petitioned for post-conviction relief claiming ineffective assistance of trial and appellate counsel.
- At the post-conviction hearing, Mitchell did not introduce the original trial transcript as evidence, did not request judicial notice of the record, and did not present other documentary or witness evidence.
- The post-conviction court denied relief after finding Mitchell failed to meet the burden of proof on his ineffective-assistance claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mitchell properly withdrew the petition | Mitchell argues the court should have allowed withdrawal | State contends denial was within discretionary authority | Denial affirmed; court acted within discretion |
| Whether trial/appellate counsel were ineffectively represented | Mitchell claims ineffective assistance for trial and appellate counsel | State contends no deficient performance proven due to lack of record | No reversible ineffective-assistance proven |
| Whether judgment timing affected the post-conviction relief | Mitchell alleges error due to early judgment before filing findings | State asserts any error was harmless | Harmless; judgment timing did not alter outcome |
Key Cases Cited
- Tapia v. State, 753 N.E.2d 581 (Ind.2001) (abuse of discretion standard for withdrawal decisions)
- State v. Hicks, 525 N.E.2d 316 (Ind.1988) (original trial record required to evaluate ineffective assistance)
- Bahm v. State, 789 N.E.2d 50 (Ind.Ct.App.2003) (pre-amendment limits on judicial notice of records)
- In re Paternity of P.R., 940 N.E.2d 346 (Ind.Ct.App.2010) (court properly took notice of records under amended Rule 201(b)(5))
- Christie v. State, 939 N.E.2d 691 (Ind.Ct.App.2011) (proper judicial notice of conviction in probation hearing)