State v. Hollin
2012 Ind. LEXIS 569
Ind.2012Background
- Hollin was convicted of conspiracy to commit burglary and sentenced to 40 years (later revised on direct appeal to 20 years total).
- Hollin filed a pro se post-conviction relief petition in 2008 alleging prosecutorial misconduct and ineffective assistance of trial counsel.
- The post-conviction court granted relief and ordered a new trial; the State appealed and the Court of Appeals reversed; the Supreme Court granted transfer.
- A key issue was failure of trial counsel to impeach co‑defendant Vogel by eliciting his plea agreement, sentencing, and probation status.
- The State allegedly violated Brady by withholding Vogel’s pending charges and plea details, which would have affected Vogel’s credibility and the jury’s assessment.
- The Supreme Court upheld the post-conviction relief order, affirming a new trial on both ineffective assistance and Brady grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failing to impeach Vogel | Hollin: impeachment details would undermine Vogel's credibility | Hollin's counsel exercised trial strategy not to open door to past record | New trial required; counsel's performance deficient, prejudice shown |
| Brady violation by withholding Vogel's pending charges and plea details | Disclosures would impeach Vogel and affect the outcome | State disputes materiality or suppression facts | New trial required; material, favorable, and prejudicial information undisclosed |
| Standard of review for post-conviction rulings | Findings support relief and are not clearly erroneous | State contends findings are either unsupported or misapplied | Post-conviction court's judgment not clearly erroneous; remand for new trial |
Key Cases Cited
- State v. Cooper, 935 N.E.2d 146 (Ind. 2010) (trial court credibility and post-conviction review standards)
- Minnick v. State, 698 N.E.2d 745 (Ind. 1998) ( Brady materiality and disclosure requirements)
- Roche v. State, 690 N.E.2d 1115 (Ind. 1997) (trial strategy and ineffective assistance considerations)
- Ritchie v. State, 875 N.E.2d 706 (Ind. 2007) (standards for post-conviction findings and reversals)
- Ben-Yisrayl v. State, 729 N.E.2d 102 (Ind. 2000) (clearly erroneous standard and burden on post-conviction relief)
- Hollln v. State, 877 N.E.2d 462 (Ind. 2007) (direct appeal/ resentencing context cited in post-conviction)