ILNews

High court transfers jury-instruction case

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The Indiana Supreme Court granted transfer Thursday to a case in which a man's attempted murder conviction was ordered to be vacated as a result of his attorney's deficient performance on appeal.

At issue in Che B. Carter v. State of Indiana, No. 49A04-0807-PC-444, was whether Che Carter's appellate attorney was ineffective for failing to raise an argument on appeal that the jury was erroneously instructed on the elements of attempted murder. Just a month after Carter was convicted, the Indiana Supreme Court handed down Spradlin v. State, 569 N.E.2d 948 (Ind. 1991), in which it reversed Spradlin's attempted murder conviction because an instruction didn't instruct the jury that the state was required to prove the defendant intended to kill the victim. Shortly there after, the Supreme Court handed down decisions involving cases with a similar issue. As a result of the various rulings, the state of law on the issue of attempted murder jury instructions was marked by confusion and uncertainty.

Chief Judge John Baker and Judge Paul Mathias concluded Carter was prejudiced by his attorney's error and remanded for his conviction to be vacated.

Judge Elaine Brown dissented, writing that although the instruction was erroneous and Carter's appellate counsel was deficient for failing to raise the issue on direct appeal, Carter failed to demonstrate prejudice. She would affirm the post-conviction court's denial of his petition for relief.

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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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