On November 21, the Supreme Court of Indiana denied Transfer on Patrick's appeal. That is to say they refused to consider the case any further. The next step is to file a Writ of Habeus Corpus in the U.S. District Court. Due to time constraints (deadline: Nov. 26) Patrick will file pro se, after which his new attorney, Ronald Safer, will enter his appearance and file any needed amendment.
Although the denial of Transfer is indeed a perpetuation of the ongoing injustice, it is not without its silver linings, so to speak. In refusing to comment on the decision of the Court of Appeals, the Supreme Court left two glaring oversights uncorrected, which will be very useful when the case finally finds an unbiased hearing in a federal court (probably not at the district level, which is stacked with Indiana Judges).
As a general rule of thumb, every new level of the post-conviction process carries a diminished chance of success. But in this case, where corrupt judicial bias has been rampant and unconcealed, the further removed from Indiana, the greater the likelihood of a fair hearing.
