Evan J Schaffer v. State of Indiana

── Evan J Schaffer v. State of Indiana ── Court: Indiana Court of Appeals Date: May 14, 2026 Author: Paul Mathias Category: General FILED May 14 2026, 9:17 am CLERK Indiana Supreme Court Court of Appeals and Tax Court IN THE Court of Appeals of Indiana Evan J. Schaffer, Appellant-Petitioner v. State of Indiana, Appellee-Respondent May 14, 2026 Court of Appeals Case No. 25A-PC-1682 Appeal from the Lawrence Superior Court The Honorable John M. Plummer III, Judge Trial Court Cause No. 47D01-2402-PC-000267 Opinion by Judge Felix Judges May and Mathias concur. Court of Appeals of Indiana | Opinion 25A-PC-1682 | May 14, 2026 Page 1 of 16  Felix, Judge. Statement of the Case [1] After Evan Schaffer was convicted of murder, he filed a petition for post- conviction relief (“PCR”), alleging he received ineffective assistance of trial and appellate counsel. During the evidentiary hearing on the petition, the PCR court questioned one of Schaffer’s three trial attorneys about the PCR court’s duty to report all three trial attorneys to the Indiana Supreme Court Disciplinary Commission for their alleged mistakes during Schaffer’s trial, repeatedly interrupted PCR counsel’s objections to this line of questioning, and implicitly threatened to refer Schaffer’s trial attorneys to the Disciplinary Commission. The PCR court denied Schaffer’s petition. Schaffer now appeals, raising two issues for our review, one of which is dispositive and restated as follows: Whether the PCR court denied him a fair hearing. [2] We reverse and remand for a new hearing. Facts and Procedural History [3] At approximately 1:00 a.m. on April 23, 2017, after a night of drinking and fishing, Schaffer went to a McDonald’s restaurant in Bedford, Indiana. Schaffer v. State, 140 N.E.3d 896, No. 18A-CR-2960, slip op. at ¶¶ 2–3 (Ind. Ct. App. Jan. 29, 2020) (mem.), trans. denied. In the drive-through line, someone seemingly honked at Schaffer, and Schaffer responded by getting out of his vehicle, walking to Justin Lampkins’s truck, and punching him through the open window of his truck. Id. at ¶ 4. The incident escalated; at some point, Court of Appeals of Indiana | Opinion 25A-PC-1682 | May 14, 2026 Page 2 of 16  Schaffer “pulled a pistol and was waving it around.” DA Tr. Vol. VIII at 141. 1 Lampkins exited his truck with a “tire-knocker,” approached Schaffer, “put his hand on Schaffer’s neck, and pushed Schaffer backward.” Schaffer, 140 N.E.3d 896, No. 18A-CR-2960, slip op. at ¶ 5. Schaffer then shot and killed Lampkins. Id. [4] In 2018, a jury found Schaffer guilty of murder, pointing a firearm as a Level 6 felony, carrying a handgun without a license as a Class A misdemeanor, and battery as a Class B misdemeanor. Schaffer, 140 N.E.3d 896, No. 18A-CR-2960, slip op. at ¶¶ 8–9. The trial court sentenced Schaffer to 63.5 years of incarceration. Id. at ¶ 9. At trial and sentencing, David Shircliff (“David”), Jennifer Shircliff (“Jen