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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