COA vacates murder conviction for ineffective assistance

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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.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.