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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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