Indianapolis, IN asked in Appeals / Appellate Law for Indiana

Q: Who files a post conviction relief after an appeal is part affirmed, part reversed and remanded?

A friend of mine in prison in Indiana has an appeal that was part affirmed and part reversed and remanded. Who files for post conviction relief now? Him or an attorney?

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1 Lawyer Answer
Charles William Michaels
Charles William Michaels
PREMIUM
Answered
  • Appeals & Appellate Lawyer
  • Baltimore, MD

A: First, I am not an Indiana lawyer. But the fact that the appellate decision is in part to reverse and remand the case, I think there is a task that the trial court must do, before a post-conviction appeal is filed--only after the original appeal has been concluded should a post-conviction appeal be contemplated. But in answer to the question posed, it is the inmate not the attorney who is to file a post-conviction appeal.

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