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Justices order new trial for Ripley County man

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A Ripley County man convicted of conspiring to commit burglary is entitled to a new trial due to ineffective assistance of his trial counsel and prosecutorial misconduct, the Indiana Supreme Court held.

Steven Ray Hollin filed a petition for post-conviction relief, which was granted by Ripley Circuit Judge Carl H. Taul. The Court of Appeals reversed, but the justices agreed with the post-conviction court’s ruling.

Hollin and Nathan Vogel in 2005 allegedly planned to burglarize homes in Ripley County by knocking on doors to see if anyone was home. They entered an unlocked house and Vogel stole a camera bag containing money. A woman called police because she was suspicious of the two men walking along the side of the road. Police found the bag and money on Vogel.

Originally, Vogel didn’t implicate Hollin in the plan to burglarize the home, and Hollin denied any knowledge of the burglary. He believed Vogel knew the homeowners and they went in the house to use the phone. Vogel pleaded guilty to theft as a Class D felony, which could later be reduced to a misdemeanor. Vogel had other cases pending at the time in Decatur County and pleaded guilty to those charges, but petitions to revoke his suspended sentences were later filed. That’s when Vogel changed his story and said Hollin knew of the burglary plot.

Hollin was charged with and convicted of conspiracy to commit burglary as a Class B felony and being a habitual offender. His original 40-year sentence previously was reduced by the justices to 20 years.

In State of Indiana v. Steven Ray Hollin, 69S05-1201-PC-6, the justices found Hollin’s argument that his counsel was ineffective for failing to present evidence that would have impeached Vogel’s credibility to be compelling. The details of Vogel’s plea agreements should have come out at trial – the jury only knew that Vogel had pleaded guilty and was in jail. The jury could have assumed he pleaded guilty to the same charge Hollin faced and was serving a lengthy sentence.  

There was also prosecutorial misconduct because the jury didn’t know that there was a petition to revoke Vogel’s probations, that there were pending charges against him, or that he didn’t implicate Hollin until after he was charged with battery with a deadly weapon and his probations may have been revoked. This violated Brady v. Maryland, 373 U.S. 83 (1963), the post-conviction court found, and the justices agreed.

They remanded his case for a new trial.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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