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Court affirms denial of post-conviction relief

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An Elkhart County man twice convicted and sentenced to 50 years in prison on drug convictions was not improperly denied post-conviction relief, the Indiana Court of Appeals ruled Wednesday.

In Micah D. Perryman v. State of Indiana, 20A03-1308-PC-299, Perryman argued he received ineffective assistance of counsel on five grounds having to do with failing to request exclusion of evidence of controlled drug buys and failing to question witnesses about benefits for their testimony or failing to call potential defense witnesses.

Perryman was convicted of Class A felony possession of cocaine and Class A misdemeanor possession of marijuana and sentenced to 50 years in prison. After reversal by the Court of Appeals, he was convicted by a jury a second time and received the same sentence.

Judge Elaine Brown wrote that Perryman had failed to meet his burden of establishing grounds for post-conviction relief by a preponderance of the evidence.

“"We cannot say that Perryman was prejudiced given the evidence that the police found approximately sixteen grams of crack cocaine that were individually packaged in the air duct of the residence which Perryman was renting,” Brown wrote in affirming denial of his petition.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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