Hill v. State
Annotate this CasePursuant to a plea agreement, Antoine Hill pleaded guilty to one count of Class A felony attempted murder and two counts of Class C felony attempted battery. Hill did not appeal. Hill's counsel subsequently filed a Post-Convcition Rule 2 petition, seeking permission to file a belated notice of appeal. The trial court denied permission, and counsel did not timely appeal this denial. Thereafter, Hill, through different counsel, filed a Post-Conviction Rule 1 petition, alleging that his Post-Conviction Rule 2 counsel was ineffective for failing to timely appeal the trial court's denial of permission to file a belated notice of appeal. The trial court denied the petition, concluding that Hill could not satisfy the ineffective-assistance-of-counsel test set forth in Strickland v. Washington. The Supreme Court affirmed but on different grounds, holding (1) the appropriate standard for judging the performance of Post-Conviction Rule 2 counsel is the standard set forth in Baum v. State; and (2) Post-Conviction Rule 2 counsel in this case did not violate Baum because she represented Hill in a procedurally fair setting that resulted in a judgment of the court.
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