Shaw v. StateAnnotate this Case
In this post-conviction proceeding, the Supreme Court held that a post-conviction petition that addresses only the proceedings on remand from a federal court's grant of a new trial is not a "second" or "successive" petition under Ind. Post-Conviction Rule 1(12) and that such a petition may proceed without the prior authorization of the Supreme Court or the court of appeals.
Defendant filed a petition for post-conviction relief alleging ineffective assistance of counsel in his criminal proceedings. The post-conviction court and court of appeals denied the petition. Defendant then filed a petition for writ of habeas corpus, which the federal district court denied. The federal court of appeals vacated the district court's judgment and remanded with instructions to issue a writ of habeas corpus unless the State granted Defendant a new appeal. Defendant subsequently filed a second direct appeal, which the court of appeals denied. Defendant filed another petition for post-conviction relief, alleging that his appellate attorney failed properly to argue the issues in his new direct appeal. The trial court dismissed the petition as an unauthorized successive petition under Rule 1(12). The Supreme Court remanded for further proceedings, holding that because the petition addressed only the grounds arising from the second appeal, it may proceed without prior appellate authorization.