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COA finds petitioner failed to show trial counsel was ineffective

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In affirming a post-conviction court’s judgment, the Indiana Court of Appeals found a convicted child molester failed to carry his burden in claiming that his attorney was ineffective.

Ian McCullough was convicted of two counts of Class A felony child molesting and one court of Class C felony child molesting. After his convictions were affirmed on direct appeal, he sought post-conviction relief on the grounds that he received ineffective assistance of trial counsel.

The post-conviction court denied McCullough’s petition.

On appeal in Ian McCullough vs. State of Indiana, 49A02-1106-PC-57, McCullough argues that his trial counsel was ineffective on numerous grounds including that counsel failed to object to evidence of prior uncharged misconduct and to the prosecutor’s references to that misconduct; failed to adequately cross-examine the state’s investigators; failed to make an offer of proof when the trial court excluded his expert’s testimony; failed to present expert evidence of child memory; failed to present certain evidence; and failed to request the jury instruction as mandated by the Protected Person Statute.

The COA noted that to be successful in the claim of ineffective assistance of counsel, the petitioner must demonstrate both that his counsel’s performance was deficient and that the petitioner was prejudiced by the deficient performance.

In reviewing the claim, the COA concluded that McCullough failed to carry his burden to show that the evidence, as a whole, leads unerringly and unmistakably to a conclusion different from that of the post-conviction court.

Judge Elaine Brown dissented. She wrote, “While some of the errors by trial counsel may not individually be sufficient to prove ineffective representation, when viewed cumulatively counsel’s overall performance fell below the prevailing professional norms….”


 

 

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  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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