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COA finds attorney was not ineffective

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The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”

Wayne Campbell appealed the denial of his petition for post-conviction relief, which challenged his convictions on two counts of attempted murder and one count of Class B felony burglary. The convictions stem from an altercation he got into with neighbors over use of an easement. He attacked Alva and Jean Kincaid, striking them with a shotgun and causing severe injuries.

In his petition, Campbell claimed his attorney was ineffective by engaging in improper voir dire during jury selection and by failing to object to a jury instruction regarding the definition of “intentionally” that was given during deliberations in response to a jury question requesting “the definition of intent.”

Campbell took issue with the hypothetical questions his trial counsel proposed to prospective jurors. His attorney explained that he was attempting to find jurors who would be receptive to a claim of self-defense. The Court of Appeals pointed out that the hypotheticals did not incorrectly suggest that Campbell was going to pursue a defense of abandonment, as he claimed, and instead explored the jurors’ understanding of the substantial step requirement for attempt crimes.  

“We cannot say trial counsel performed below an objective standard of reasonableness in the manner in which he conducted voir dire. To hold otherwise would be tantamount to hyper-regulation and second-guessing of trial counsel’s strategy and tactics, a task we cannot and should not undertake,” Judge Michael Barnes wrote in Wayne Campbell v. State of Indiana, 13A05-1304-PC-201.

Campbell also argued that the trial court erred in giving the instruction to the jury when it asked for a definition of “intent” during its deliberations: “A person engages in conduct ‘intentionally’ if, when he engages in the conduct, it is his conscious objective to do so. If a person is charged with intentionally causing a result by his conduct, it must have been his conscious objective not only to engage in the conduct, but to cause the result.”

He believed the second statement shouldn’t have been given because it is a misstatement of the law. But the instruction is from the Indiana Pattern Jury Instructions. The appellate court noted that there is some tension as to whether this second sentence is a correct statement of the law that has yet to be resolved by the Indiana Supreme Court.

“Regarding reasonable performance, trial counsel indicated at the post-conviction hearing that he doubted any objection to the instruction would have been fruitful because it was a pattern instruction,” Barnes wrote.

Since there is no unequivocal legal basis upon which counsel should have objected, the appellate court declined to say Campbell’s attorney performed deficiently.




 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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