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Life sentence upheld by Court of Appeals

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A Grant County man who killed his ex-wife in the middle of the night after breaking into her Marion home will spend the rest of his life in prison, the Indiana Court of Appeals ruled Wednesday. The judges affirmed the denial of Fred Laux’s petition for post-conviction relief based on ineffective assistance of counsel.

Laux claimed on appeal that his trial counsel was ineffective for, among other things, failing to properly question a juror regarding bias and not adequately preparing for the penalty phase of his trial. Laux also argued that his appellate counsel was ineffective for not raising all of the alleged errors on direct appeal.

In Fredrick Allen Laux v. State of Indiana, 27A04-1205-PC-269, the Court of Appeals found that Laux failed to show he received ineffective assistance from either counsel.

The record in this case indicates that the juror – who had been a crime victim – was objective and competent and prepared to follow the law as the trial court would instruct, the judges held.

Regarding the penalty phase, they found that the state properly moved to have all the evidence from the guilt phase admitted at the penalty phase, and that the jury was properly instructed that it could only consider the charged aggravator as weighing in favor of a life without parole sentence and not victim impact evidence.

“In sum, we conclude that Laux was provided effective representation of counsel at the penalty phase. Moreover, Laux merely restates his claims about the ineffectiveness of trial counsel and alleges that appellate counsel was ineffective for not raising the issues on appeal under the doctrine fundamental error,” Judge John Baker wrote.

“As the post-conviction court properly found, because trial counsel was not deficient and/or that any deficiency was not prejudicial, appellate counsel was not deficient for failing to raise Laux’s alleged claims of error on appeal. In other words, Laux does not demonstrate how the result of his direct appeal would have been different had these issues been raised. Therefore, it cannot be said that Laux’s appellate counsel was ineffective. As a result, the post-conviction court properly denied Laux’s request for relief.”

 

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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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