ILNews

COA affirms lower court in shoe-killing case

Back to TopCommentsE-mailPrintBookmark and Share

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.






 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

ADVERTISEMENT