1. What does the Public Defender of Indiana do?
2. How does an inmate become a client of the Public Defender of Indiana?
3. How long does a non-capital case take?
4. Are there deadlines for filing challenges to convictions?
5. What cases will the Public Defender of Indiana provide representation on?
6. When will the Public Defender refuse further services on grounds of lack of merit?
7. What cases or issues does the Public Defender of Indiana not provide representation on?

1. What does the Public Defender of Indiana do?

We provide case investigation and, if the case has arguable merit, representation to convicted and sentenced adults, or adjudicated and committed juveniles, who are inmates of correctional facilities serving sentences or commitments imposed by Indiana courts, in state post-conviction relief actions. The inmate must be unable to afford to hire counsel.

2. How does an inmate become a client of the Public Defender of Indiana?

In cases involving sentences other than death, the inmate must file a petition for post-conviction relief in the court where he or she was convicted and must request representation by the State Public Defender by marking ‘yes' in answer to question 18 on the form. If ‘no' is marked, the inmate gives up any right to representation by the Public Defender of Indiana at hearing or on appeal whether the inmate has private counsel or is representing himself. Forms for filing are available in all institutional writ rooms or from the Public Defender of Indiana's office.

3. How long does a non-capital case take?

The Public Defender of Indiana endeavors to handle non-capital cases in the order filed, subject to court order and other exceptions, so the date the petition is filed is usually the date for determining where the case is on our priority list. Demand for services is high and we cannot evaluate for arguable merit, or litigate cases with merit, as quickly as we, the courts, or our clients would like – there were 24,804 individuals in the Department of Correction on April 30, 2005, and this office opened files in 640 pro se cases in FY 02-03, 620 in 03-04, and 585 in 04-05.

4. Are there deadlines for filing challenges to convictions?

Not in state court. However, all inmates considering challenging their convictions must remember that there is a one year statute of limitations, running from finality of the conviction and with limited exceptions, for filing a federal writ of habeas corpus. If the year runs, the right to file a federal habeas corpus petition is forfeited. The one year period is tolled while a properly filed state post-conviction petition is pending.

Juveniles wishing to challenge their adjudications should write to the Public Defender of Indiana's office as soon as possible to begin their cases.

Individuals sentenced to death are automatically represented by the Public Defender of Indiana if indigent and the office will enter its appearance within thirty days of completion of rehearing on direct appeal as required by Criminal Rule 24(H).

5. What cases will the Public Defender of Indiana provide representation on?

The Public Defender of Indiana will provide representation to any person committed to Indiana D.O.C., including those incarcerated out-of-state on Indiana convictions, if the conviction has present penal consequences. A case has present penal consequences if:

1. Conviction/sentence is currently being served
2. Conviction(s)/sentences(s) are consecutive to each other
3. Felony conviction was used to support current habitual enhancement
4. Misdemeanor was used to enhance current conviction to felony

If a case has present penal consequences, the Public Defender of Indiana will conduct full legal and factual investigation and consult with the client to determine whether there are any issues of arguable merit, either raised pro se or which should be added to the petition by amendment. If the case is meritorious, the Public Defender of Indiana will represent the petitioner at hearing and on appeal in the Indiana courts. The office does not provide representation in federal court.

6. When will the Public Defender refuse further services on grounds of lack of merit?

If after full legal and factual investigation, and consultation with the client, the attorney determines there are no issues of arguable merit and proceeding is not in the interests of justice, the attorney may withdraw from representing the client under Rule P-C.R. 1(9)(c). This determination may be made before or after an evidentiary hearing. The inmate retains the right to proceed pro se but is not entitled to legal representation by the Public Defender of Indiana if the case is evaluated and found to be without arguable merit.

7. What cases or issues does the Public Defender of Indiana not provide representation on?

1. We do not provide representation if a case does not have present penal consequences. Prior convictions that a court considered in enhancing a sentence do not qualify as having present penal consequences, nor do concurrent sentences once one or more have been determined to be valid (for example, serving a 65 year murder sentence and a concurrent 20 year robbery; if the murder case is without arguable merit for post-conviction relief, there is no point in evaluating the robbery).
   
   
2. We do not provide representation on timely direct appeals – of jury trials, bench trials, sentences on open guilty pleas, probation revocations, interlocutory appeals, et alia – except when appointed and paid by the trial court, I.C. 33-40-2.
   
   
3. We do not provide representation in non-capital cases unless the inmate has filed a pro se P-C.R. 1 petition.
   
   
4. We do not provide any assistance or representation in a successive petition under Rule P-C.R. 1 §12 unless the Court of Appeals or Supreme Court has granted permission to file the successive petition in the trial court.
   
   
5. We do not represent adults at parole revocations or on appeals of revocations.
   
   
6. We do not represent anyone before the Parole Board or in clemency proceedings.
   
   
7. We do not represent anyone before any conduct adjustment or other disciplinary body nor do we assist in any administrative appeal of any sanctions imposed.
   
   
8. We do not investigate or file suits relating to Department of Correction or jail conditions, food, mistreatment, or medical treatment. For help resolving a complaint regarding the policies and procedures of the DOC, contact the DOC Ombudsman.
   
   
9. We do not represent anyone in any civil case (divorce, small claims, etc.). For information on self-representation or finding legal assistance for a civil case, please visit the Indiana Supreme Court Self-Service Legal Center.
   
   
10. We do not appear as stand-by or co-counsel with clients.
    
    
11. We do not represent inmates in educational/vocational/substance abuse credit cases or in any sentence modification unless part of P-C.R. 1 action in which we are providing representation.
    
    
12. We do not represent clients if paroled before P-C.R. hearing; however, if paroled after hearing completed, we will perfect appeal of denial.