Cole v. State

8 Citing cases

  1. Cook v. State

    176 N.E.3d 593 (Ind. App. 2021)

    A petitioner must prove both parts of the test, and failure to do so will cause the claim to fail. Cole v. State , 61 N.E.3d 384, 387 (Ind. Ct. App. 2016) (citations omitted), trans. denied. If we can dispose of an ineffective assistance claim on the question of prejudice, we need not address whether counsel's performance was deficient.

  2. DeHart v. State

    175 N.E.3d 354 (Ind. App. 2021)

    Counsel's conduct is assessed based on facts known at the time and not through hindsight. Cole v. State , 61 N.E.3d 384, 387 (Ind. Ct. App. 2016) (citations omitted), trans. denied. [35] We apply the same standard of review to claims of ineffective assistance of appellate counsel as we apply to claims of ineffective assistance of trial counsel.

  3. Parks v. State

    167 N.E.3d 698 (Ind. App. 2021)

    Counsel's conduct is assessed based on facts known at the time and not through hindsight. Cole v. State , 61 N.E.3d 384, 387 (Ind. Ct. App. 2016) (citations omitted), trans. denied. [10] We apply the same standard of review to claims of ineffective assistance of appellate counsel as we apply to claims of ineffective assistance of trial counsel.

  4. White v. State

    No. 22A-PC-1729 (Ind. App. Mar. 30, 2023)

    Cole v. State, 61 N.E.3d 384, 387 (Ind.Ct.App. 2016) (citations omitted), trans. denied. [¶10] Because White bore the burden of proof of establishing grounds for relief and appeals from a negative judgment, he must show this Court that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court.

  5. Miller v. State

    No. 21A-CR-1269 (Ind. App. Jul. 5, 2022)

    Cole v. State, 61 N.E.3d 384, 387 (Ind.Ct.App. 2016) (citations omitted), trans. denied. [¶44] Miller argues that the CCS, on its face, clearly showed a violation of his speedy trial rights, and that "from both the record and the hearing on the Motion for Discharge [] his counsel failed to adequately represent his interests."

  6. Pelissier v. State

    No. 21A-PC-2033 (Ind. App. Jun. 9, 2022)

    Cole v. State, 61 N.E.3d 384, 387 (Ind.Ct.App. 2016) (most citations omitted), trans. denied. [¶19] We apply the same standard of review to claims of ineffective assistance of appellate counsel as we apply to claims of ineffective assistance of trial counsel.

  7. Sutton v. State

    167 N.E.3d 691 (Ind. App. 2021)

    Where, as here, a claim of ineffective assistance is based on counsel's failure to object, the petitioner must demonstrate that if an objection had been made, the trial court would have had no choice but to sustain it. Cole v. State , 61 N.E.3d 384, 387 (Ind. Ct. App. 2016) (citations omitted), trans. denied. A. Admission of Evidence

  8. Devers v. State

    Court of Appeals Case No. 19A-PC-1893 (Ind. App. Mar. 24, 2020)

    This is important because when a claim of ineffective assistance is based on counsel's failure to object, the petitioner must demonstrate that, if an objection had been made, the trial court would have had no choice but to sustain it. See Cole v. State, 61 N.E.3d 384, 387 (Ind. Ct. App. 2016), trans. denied. Because there is no law that specifically precludes the State's argument, Devers cannot prove that had his counsel objected, the trial court would have had no option but to sustain the objection.