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Judges affirm denial of post-conviction relief

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The Indiana Court of Appeals declined to find an attorney provided ineffective assistance of trial counsel to a man on trial for the second time because that attorney didn’t defend the case in the same manner as did the attorney on the first trial.

In Keith Woodson v. State of Indiana, No. 49A02-1108-PC-768, Keith Woodson appealed the denial of post-conviction relief relating to the representation of private attorney Paul Harper at Woodson’s second trial for murder and carrying a handgun without a license. Woodson was represented by private attorney Kimberly DeVane at his first trial, which resulted in a mistrial. DeVane withdrew her representation on the second trial due to payment concerns.

Unlike what DeVane did at the first trial, Harper didn’t question either of the two eyewitnesses on specific matters, such as their having told a detective that the person they identified as the shooter was known as “PG,” which is Woodson’s nickname. At the second trial, the state was able to present additional evidence it didn’t have at the first trial provided by an acquaintance of Woodson’s. Shelby Stone was being transported with Woodson from jail to court and claimed that Woodson told him something about the murder that would mean Woodson murdered the victim as revenge. Woodson was found guilty at his second trial.

“An argument could be made that Harper’s cross-examination of Owens and Johnson was not as thorough as DeVane’s in the first trial. However, our job here is not to grade Harper’s performance as compared to DeVane’s,” wrote Judge Michael Barnes. “Additionally, juries are not interchangeable machines but instead are made up of twelve unique individuals, and there was nothing precluding the second jury from weighing the evidence differently than the first jury.”

The appellate court found that Harper did question the eyewitnesses extensively on their identification of Woodson as the killer, and he did attempt to impeach their credibility, just not in the same manner as DeVane, wrote the judge.

The COA also declined to find that Harper was ineffective for failing to procure the services of an eyewitness identification expert to assist with and testify at the second trial.  

 

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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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