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COA upholds denial of convicted murderer’s motion to dismiss

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The Indiana Court of Appeals rejected a man’s argument that murder charges should have been dismissed based on a plea agreement he made with the state, finding no error by the trial court in allowing the jury to decide whether the defendant’s testimony was credible. The plea agreement preventing prosecution for murder would be in effect only if the defendant met certain criteria.

Chaunsey Fox was charged with murder, attempted robbery and felony murder in the shooting death of Eddie Williams in South Bend in 2009. Fox, who was incarcerated in 2011, got on police radar as a potential suspect when he contacted a detective claiming to have information on the homicide. Fox wanted favorable treatment for his pending charge in return.

He claimed to be at the scene of the crime but did not shoot Williams. The state agreed to not charge Fox with murder if he was truthful, testified against other individuals if called upon, he was not the shooter, and he didn’t carry a gun during the crime. But Fox later told inmates he was the shooter, and Derek Fields testified that he and Fox tried to rob Williams, Fox carried a handgun that night, and was the shooter. A jury convicted Fox of felony murder and attempted robbery.

Fox wanted the murder charges dismissed based on the agreement he entered into with the state. In Chaunsey L. Fox v. State of Indiana, 71A04-1304-CR-187, the Court of Appeals concluded the trial court didn’t abuse its discretion by denying the motion to dismiss and allowing the jury to decide the issue of credibility. The judges also rejected Fox’s claim that he relied on the state’s promise not to prosecute him for murder by pointing out Fox admitted to being at the crime scene before entering into the deal. Nor was the court convinced that the jury accepted Fox’s version of the events just because it acquitted him of murder as Fox argued.

The COA also concluded there were no Brady violations or judicial bias as Fox claimed.

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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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