ILNews

Man can't prove ineffective assistance from attorney

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The Indiana Court of Appeals has affirmed the denial of a man’s petition for post-conviction relief, in which he claimed his trial counsel was ineffective.

Leondre Woodson argued his attorney should have objected at trial to the admission of evidence related to the search of the rental car Woodson was a passenger in, which failed to preserve the issue for direct appeal. He argued that the continued police detention and investigation beyond writing a traffic ticket violated the Indiana Constitution, and that he didn’t have authority to consent to the search of the car.

Chinedu Onyeji rented a car, and he and Woodson were stopped by police for speeding in Bloomington. When the police officer saw a gun in the glove compartment of the car, he called for backup until he could check to determine if the handgun was stolen. Onyeji had a valid permit for the gun, and both men claimed the car was rented so they could drive to Gary to get a copy of Woodson’s birth certificate. Because Onyeji owned a car and the men appeared nervous, police thought they may be involved in narcotics activity. Onyeji declined to allow police to search the car, but Woodson gave them permission. A gun and drugs were found in the trunk, and Woodson was charged on various drug and weapons counts.

Woodson filed a motion to suppress the evidence in the trunk, which was denied. His attorney did not renew any objection to the evidence at trial. Woodson was convicted of three of the charges. On direct appeal, the possession of cocaine while in the possession of a firearm conviction was vacated, but the 20-year sentence was upheld.

Ruling on his PCR petition, which was denied by the post-conviction court, the Court of Appeals in Leondre Woodson v. State of Indiana, No. 53A01-1109-PC-466, found Woodson didn’t establish that he received ineffective assistance from his attorney. At all points of the traffic stop, police were justified in having at lease a reasonably high degree of concern or suspicion that some kind of criminal activity may be happening, wrote Judge Cale Bradford. The intrusion of the detention before the search was minimal and the need to maintain officer safety was implicated in this case.

The appellate judges also rejected Woodson’s claim that his consent to search the rental car was invalid because he didn’t have actual or apparent authority to give that consent.


 

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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