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Judges rule cop won't have new trial on murder, arson charges

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An Evansville police officer who killed his mistress more than 20 years ago wasn’t able to convince the Indiana Court of Appeals Wednesday that he is entitled to post-conviction relief.

Glenn Patrick Bradford raised several issues on appeal after Vanderburgh Circuit Judge Carld Heldt denied his petition for relief last year. Among those, Bradford argued that Bunch v. State, 964 N.E.2d 274 (Ind. Ct. App. 2012), supports his claim that newly discovered evidence relating to a fire that broke out at Tammy Lohr’s house entitled him to a new trial.

Bradford and Lohr had an extramarital affair for four years until Bradford attempted to end the affair. He would often stop by her house before and after his night shift. In August 1992, he reported a fire at her house at 6:35 a.m. and gave conflicting reports to others on the scene as to whether he went inside and where Lohr’s body was. Investigators believed the fire couldn’t have been burning for more than a few minutes when firefighters responded and that it was intentionally set. Lohr’s body had multiple stab wounds.

Bradford was charged and convicted of murder and arson and sentenced to the maximum of 80 years.

At his hearing for post-conviction relief, Douglas Carpenter testified on behalf of Bradford and concluded that the fire began between 4:30 a.m. and 6 a.m. Bradford argued that this is newly discovered evidence that entitles him to a new trial. But his testimony was largely cumulative of Barker Davie’s, who testified at trial that the fire had started before Bradford arrived at the house. In addition, many of the tests that Carpenter used to come to his conclusion were possible at the time of Bradford’s trial, and his testimony was not based on major advancements in fire investigation science, as was the case in Bunch, Senior Judge Randal T. Shepard wrote in Glenn Patrick Bradford v. State of Indiana, 82A01-1203-PC-129.

Bradford also raised claims of ineffective assistance of his trial and appellate attorneys, but the judges only found an instance of ineffective assistance when his attorney didn’t object to a final jury instruction regarding the consideration of prior statements as substantive evidence of guilt. Considering the entirety of the case and his counsel’s vigorous pursuit of an alibi defense, among other things, the COA determined Bradford wasn’t prejudiced by his trial attorney’s error.

The judges found no reason to overturn the denial of his petition for post-conviction relief.

 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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