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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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