Opinion

Pruitt v. State

  • 903 N.E.2d 899
  • 2009 Ind. LEXIS 338
  • 2009 WL 884784
Court
Indiana Supreme Court
Filed
Mar 31, 2009
Status
Published
Author
Rucker
On the bench
Boehm, Dickson, Rucker, Shepard, Sullivan
Cited by
107 cases
Authority
More cited than 0.1%

explaining that where Pruitt’s post-conviction court judge was the same judge who had presided over his trial and where Pruitt’s affidavit in Court of Appeals of Indiana | Opinion 22A-PC-143| August 11, 2023 Page 33 of 34 support of his motion for a change of judge had shown no historical facts that had demonstrated personal bias on the part of the post-conviction court judge, Pruitt had been provided with a full and fair post-conviction relief hearing before an impartial judge

How later courts described this case

  • explaining that where Pruitt’s post-conviction court judge was the same judge who had presided over his trial and where Pruitt’s affidavit in Court of Appeals of Indiana | Opinion 22A-PC-143| August 11, 2023 Page 33 of 34 support of his motion for a change of judge had shown no historical facts that had demonstrated personal bias on the part of the post-conviction court judge, Pruitt had been provided with a full and fair post-conviction relief hearing before an impartial judge
  • explaining that where Pruitt’s affidavit in support of his motion for a change of judge had shown no historical facts that had demonstrated personal bias on the part of the post-conviction court judge, Pruitt had been provided with a full and fair post-conviction relief hearing before an impartial judge
  • noting, where Pruitt’s post-conviction review judge was the same judge who presided over his trial, that ―Pruitt’s affidavit in support of his motion for change of judge shows no historical facts that demonstrate personal bias or prejudice on the part of [the trial judge]‖ and that he ―merely cites [the judge’s] trial rulings against him, which are not indicia of personal bias‖ and concluding ―that Pruitt was provided with a full and fair PCR hearing before an impartial judge‖
  • we presume that counsel made all significant decisions in the exercise of reasonable professional judgment

Written by the judges who cited it.

The opinion

RUCKER, Justice,

dissenting.

On direct appeal I was convinced that Pruitt was mentally retarded and thus not eligible for a death sentence. See Pruitt v. State, 834 N.E.2d 90, 123-26 (Ind.2005) (Rucker, J., dissenting). After examining the evidence presented to the post-conviction court, I am even more convinced today. Pruitt's status has not changed. He was and still is mentally retarded. I would therefore reverse his death sentence and remand this cause with instructions to impose a term of years.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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