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7th Circuit affirms denial of habeas corpus petition

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A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.

In Dale J. Atkins v. Michael Zenk, No. 11-1891, a jury convicted Dale Atkins of attempted murder, criminal confinement, domestic battery and invasion of privacy and sentenced him to 51 years in prison. After filing an unsuccessful petition for post-conviction relief, he filed a habeas corpus petition. The U.S. District Court for the Northern District of Indiana, South Bend Division, denied that petition, but granted a certificate of appealability.

At trial, Atkins claimed he was not present in his wife’s home at the time she was stabbed. But on the eve of trial, he admitted to his lawyer, Todd Ess, that he had stabbed his wife, but that it was an accident and he had not intended to kill her. In the wake of this revelation, Ess asked Atkins if he wanted to proceed using an accident defense or a misidentification defense, but Atkins was uncooperative and said he did not wish to testify or talk about his relationship at trial.

Atkins claimed that insufficient evidence exists to support his conviction for attempted murder, but in the 7th Circuit opinion, the court wrote: “Atkins’ entire argument boils down to the fact that Yvonne’s stab wounds were not particularly deep. Therefore, a jury could have reasoned that Atkins lacked the requisite intent to kill.” But the court said that argument is flawed, particularly because “ten stab wounds – one that was less than one inch from her heart and another that cut her spleen – are damning evidence supporting an intent to kill.”

The 7th Circuit therefore affirmed the District Court in denying Atkins’ habeas corpus petition.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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