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7th Circuit denies convicted murderer habeas relief

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An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.

Tyrone L. Jones was convicted of murder and other charges related to the death of Sam Alexander in Indianapolis. Jones was allegedly the last person to see Alexander alive. A witness saw him with Alexander’s television, which Jones had pawned. He also attempted to pawn Alexander’s microwave.

Police found Alexander dead in his apartment with his hands bound. When Jones was brought to police headquarters for questioning by Detective Charles Benner, Jones signed a form that contained sections of advice of rights and waiver of rights. Jones agreed to give Benner his shoes and clothing. The shoe print of Jones’ shoe was the same as one that appeared on a pillowcase in the house.

Jones appealed his convictions, which were upheld, and then sought post-conviction relief in state court. He claimed ineffective assistance of trial counsel based on his attorneys’ failure to object to the admission of the evidence related to the seizure of his shoes on the basis of Pirtle v. State, 323 N.E.2d. 634 (Ind. 1975).  The post-conviction court concluded that Jones had voluntarily surrendered the clothing. The Court of Appeals denied his claim, finding the mere admission of his shoes or clothing did not prejudice him.

“Here, Detective Benner’s request for Mr. Jones’s shoes fits comfortably within the category of searches to which Pirtle does not apply. It was limited in scope and was minimally intrusive – certainly less so than a blood sample or even a cheek swab. Mr. Jones has not come forward with any examples of Indiana cases that have required Pirtle warnings in circumstances similar to his, nor is there any indication that Indiana courts are inclined to extend the rule of Pirtle to apply in such circumstances,” Judge Kenneth Ripple wrote in Tyrone L. Jones v. Richard Brown, 12-3245.

“In the present case, had Mr. Jones’s counsel moved to suppress the shoes, or any evidence that resulted from the testing of the shoes, on the basis of Pirtle, we believe that the state court would have denied that motion. Consequently, trial counsel’s failure to press an unavailing argument based on Pirtle was not ‘outside the wide range of professionally competent assistance’ that Strickland allows, and trial counsel was not constitutionally ineffective.”

“By determining that Mr. Jones had not established that the admission of inculpatory evidence was the result of any Pirtle error, the Court of Appeals of Indiana reasonably concluded that the second, so-called prejudice prong of Strickland had not been satisfied. Consequently, on habeas review, we cannot conclude that Mr. Jones was prejudiced by any failure of his trial counsel,” Ripple wrote.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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