ILNews

COA vacates murder conviction for ineffective assistance

Back to TopCommentsE-mailPrintBookmark and Share

A woman convicted of a 2006 murder received ineffective assistance of counsel and is entitled to a retrial, the Indiana Court of Appeals ruled Monday, vacating a murder conviction.

In a memorandum opinion in which three panel judges each wrote opinions, the majority agreed that a defense attorney was impaired by a conflict of interest. The majority in Anissa L. Tyler v. State of Indiana (NFP), 48A04-1309-PC-428, vacated Tyler’s convictions of murder and Class A felony aiding, inducing or causing robbery, for which she was sentenced to an aggregate 60 years in prison. It was affirmed on direct appeal.

Tyler was convicted of killing Charles Robinette, who was found slain in his Anderson apartment in April 2006.

Tyler’s defense attorney, Blanchard Shearer, also had represented a drug defendant who was Tyler’s cellmate and told authorities that Tyler had confessed to her role in the killing. When Shearer became aware of the potential conflict during Tyler’s trial, co-counsel Jason Childers cross-examined the informant.

The post-conviction relief court found no ineffective assistance of counsel, but the appeals panel ruled otherwise. "Tyler’s trial counsel’s performance was adversely affected by the presence of actual conflict, which prevented trial counsel from impeaching (the informant’s) credibility by cross-examining her as to her pending drug charges and subsequent reduction in bond and release."

Judge Paul Mathias wrote the majority opinion which was joined by Judge Cale Bradford, who concurred in a separate opinion, writing that co-counsel’s failure to question the informant about bond reductions and other benefits she received for her testimony “leads to a reasonable inference that Tyler was prejudiced by the acts of the trial counsel.”

Judge Margret Robb agreed Tyler received ineffective assistance, but wrote that Shearer was barred by client confidentiality from disclosing what he knew about the informant’s drug case to co-counsel or anyone else.

"It was Childers’s failure to thoroughly review or properly utilize those materials that led to the jury receiving an inaccurate picture of Mann’s credibility,” Robb wrote.
 
 
 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT