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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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