Troy R. Shaw, Appellant-Petitioner v. State of Indiana, Appellee-Respondent

Summary

The Indiana Supreme Court held that a post-conviction petition challenging only issues arising from a new direct appeal obtained through federal habeas relief is not a second or successive petition. The petition therefore may proceed without prior appellate authorization, and an indigent petitioner may be represented by the Public Defender in those circumstances. The court vacated the intermediate appellate decision and remanded for further proceedings.