11/06/2024 | Press release | Distributed by Public on 11/05/2024 23:18
After the Court of Appeals permitted Kelly to file a successive petition for post-conviction relief, he later amended that petition to allege additional theories to support relief. Over the State's objection, the Lake Superior Court allowed Kelly to assert these new arguments but ultimately denied his petition. The Court of Appeals affirmed, finding that Kelly waived any arguments not presented in his initial petition and the trial court properly denied Kelly's successive petition. Kelly v. State, 236 N.E.3d 716 (Ind. Ct. App. 2024), trans. pending. Kelly has petitioned the Indiana Supreme Court to accept jurisdiction over the appeal.