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Justices accept post-conviction relief case

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The Indiana Supreme Court will decide whether a man convicted of murder and rape was denied effective assistance of appellate counsel.

The justices accepted just one case last week, Kevin Hampton v. State of Indiana, No. 84S04-1103-PC-161. Kevin Hampton claimed he received ineffective assistance of appellate counsel because his attorney didn’t argue error in the trial court’s ruling on a final instruction. His DNA matched the DNA profile developed from semen on the victim and he was charged with the crimes.

The trial court instructed the jury on direct and circumstantial evidence using the language of Indiana Pattern Jury Instruction (Criminal) 12.01 (2d ed. 1991), but omitted the last sentence of the pattern instruction. Hampton’s trial attorney objected, arguing the instruction should contain the omitted sentence, but on direct appeal Hampton’s appellate attorney didn’t assign this instruction and objection as prejudicial error.

The Indiana Court of Appeals concluded that it wasn’t an error in admitting the sentence and found the court’s instruction on proof beyond a reasonable doubt covered the issue and rendered harmless any potential error concerning the necessary proof where the evidence is purely circumstantial.
 

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  1. 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)

  2. 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)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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