ILNews

Failure to object to anonymous jury not ineffective assistance

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A man convicted of murdering his 39-week-pregnant estranged wife cannot claim he received ineffective assistance of counsel because his attorney failed to object to an anonymous jury, the Indiana Court of Appeals ruled Monday.

The Lake Superior jury in 2006 convicted David M. Green of killing his estranged wife, Stacy, and the child she carried during an altercation at Stacy’s home in Griffith. Green’s conviction and consecutive 45-year sentences were previously affirmed by a Court of Appeals panel, and his bid for post-conviction relief was rejected Monday.

“Green argues he was prejudiced because he was denied his right to a jury of ‘known individuals,’” Judge Melissa May wrote for the panel. “He contends he was deprived of the information he needed to make peremptory challenges because he could not compare the jurors’ names to those known to him and counsel.

“Green has not demonstrated he experienced ‘actual prejudice,’ which is required to prevail,” May wrote in David M. Green v. State of Indiana, 45A03-1210-PC-418. She wrote that his argument fails because “Green received the jurors’ names as a part of discovery for his post-conviction case, but he did not present evidence ‘that any juror was related, biologically or emotionally, to any witness or party to the proceedings.’

“Based on the lack of evidence regarding actual prejudice Green experienced, the multiple instructions to the jury about the presumption of Green’s innocence, and the overwhelming evidence against Green, Green has not demonstrated he received ineffective assistance of trial counsel,” May wrote for the panel that also included judges John Baker and Paul Mathias.

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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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