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7th Circuit grants writ of habeas corpus

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The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t create a reasonable probability of a different result at trial.

Walter Lee Goudy appealed the denial of his habeas corpus petition by the District Court, arguing he was denied a fair trial because of the government’s failure to disclose three eyewitness statements that implicated one of its main witnesses and the failure of Goudy’s counsel to introduce his brother’s tape-recorded confession.

Goudy was convicted of killing Marvin McCloud while McCloud sat in his car, and wounding the front-seat passenger. Eyewitnesses at Goudy’s trial, including the state’s primary witness, Kaidi Harvell, gave different descriptions of the man they believed was Goudy. Eyewitnesses also gave different accounts regarding which side of the car the suspect was sitting on.

The government didn’t share at trial three police reports with statements by the witnesses that differ from the trial accounts, including that many of the witnesses picked Harvell out of a photo lineup as the shooter on the driver’s side. The jury also didn’t hear the tape-recorded confession by Romeo Lee, Goudy’s brother, who was there at the time of the shooting. He said he and Goudy were often confused for each other because of their similar appearances.

Goudy appealed to the Indiana Court of Appeals, Supreme Court, and for post-conviction relief. All affirmed his convictions.

In Walter Lee Goudy v. James Basinger, superintendent, No. 08-3679, the Circuit judges found the Indiana Court of Appeals identified the correct legal principle -- Goudy had to demonstrate a reasonable probability that the new evidence would lead to a different result. But the appellate court decision required he prove the new evidence “would have” established his innocence, wrote Judge William Bauer.

“In short, Goudy has shown that the state court’s decision on his Brady claim involved an unreasonable application of clearly established federal law,” wrote the judge. “Rather than applying a ‘reasonable probability’ standard for materiality of suppressed evidence as required by United States v. Bagley, the court unreasonably required Goudy to show that the suppressed evidence would establish his innocence. The court did not recognize Bagley’s requirement that the effect of suppressed evidence be assessed cumulatively.”

Because the Circuit Court granted Goudy’s petition on the police report issue, the judges didn’t decide whether Goudy received ineffective assistance of counsel. The state has 120 days to retry Goudy or release him.

 

 

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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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