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

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  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

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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