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COA affirms lower court in shoe-killing case

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The Indiana Court of Appeals has upheld a post-conviction court’s determination that a man convicted of kicking another man to death cannot appeal his conviction.

In Matthew Conder v. State of Indiana, No.49A02-1012-PC-1404, Matthew Conder claimed that his conviction of Class A felony voluntary manslaughter should be reversed because his counsel was ineffective. But the Court of Appeals held that Conder’s attorney, Arnold Baratz, acted in accordance with Conder’s wishes by appealing Conder’s initial murder conviction, which resulted in Conder being charged with the lesser offense of Class A felony voluntary manslaughter.

In 2003, Conder kicked another man to death in a bar parking lot. He then took the victim’s wallet and attempted to conceal his guilt by bleaching his shoes. A bench trial in 2004 found Conder guilty of murder, robbery, and theft. Conder filed a motion requesting that the trial court enter a finding of guilty to voluntary manslaughter, rather than murder, arguing that his shoe constituted a “deadly weapon” for the purposes of the voluntary manslaughter statute.

The trial court conducted a hearing on the motion, ultimately entering the voluntary manslaughter conviction instead of murder and sentenced Conder to 40 years for that charge and three years for theft, with the sentences to be served consecutively. Conder then appealed the court’s decision.

In Conder v. State, No. 49A02-0412-CR-1070, slip op. at 2-4 (Ind. Ct. App. Aug. 17, 2005), the appeals court found that because Conder asked the court to find him guilty of manslaughter, he waived any possible objection to that conviction. However, the COA did find the sentence to be inappropriate and reduced it to an aggregate 33 years.

In his most recent appeal, Conder contended that his attorney performed deficiently because he should not have argued that a shoe is a deadly weapon. Conder claimed that if Baratz had not admitted to the shoe’s role as a deadly weapon, Conder could have been convicted of Class B felony manslaughter, rather than a Class A felony.

The appeals court wrote that Baratz had, in fact, argued for the B felony. At trial, when pressed to respond about whether a shoe constituted a deadly weapon, Baratz did not actually concede to that fact, but merely stated that “the Court could very well find that it fits that definition.” Had the trial court determined the shoe wasn’t a deadly weapon, then Conder’s murder conviction would’ve stood. Baratz’s effective representation of his client is what resulted in the lesser charge of manslaughter, the appeals court held.  

The COA affirmed the post-conviction court’s decision denying Conder’s petition, stating that he failed to prove his counsel had acted deficiently.






 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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