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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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