William Hinesley, III v. State of Indiana - 11/19/13

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Tuesday  November 19, 2013 
11:00 AM  EST

11 a.m. 55A05-1302-PC-80. In December 2010, following a bench trial, William Hinesley, III, was convicted of class A felony child molesting.  After this Court affirmed his conviction on direct appeal, Hinesley filed a petition for post-conviction relief claiming that he was denied the effective assistance of trial counsel due to his counsel’s deliberate strategic choice to permit the trier of fact to consider as substantive evidence hearsay statements attributed to the State’s primary witnesses.  He also claimed ineffective assistance due to his counsel’s failure to object to improper vouching and uncharged misconduct testimony. In addition, Hinesley raised a freestanding claim of fundamental error due to alleged prosecutorial misconduct based upon the prosecutor’s knowing use of the inadmissible hearsay, vouching, and uncharged misconduct evidence.  The post-conviction court denied relief, and Hinesley now appeals.

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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.

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  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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