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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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