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Man entitled to new trial based on trial counsel’s performance

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A man convicted on a drug dealing charge and found to be a serious violent felon will have a new trial because his trial attorney did not file a motion to bifurcate the dealing and SVF charges, which prejudiced him, the Indiana Court of Appeals ruled.

Vance R. Pace appealed the denial of his petition for post-conviction relief, in which he sought to set aside his convictions of Class B felonies dealing in amphetamine and unlawful possession of a firearm by a serious violent felon. The charges stem from his arrest by Goshen police after they discovered drugs and a gun in the car Pace was riding in, as well as a large amount of cash on Pace.

Pace’s attorney, Juan Garcia Jr., did not request that the dealing charge be bifurcated from the SVF charge at trial. The jury heard, without objection from Pace, about his prior conviction for dealing cocaine as an element of the SVF charge, and other evidence and references were introduced during trial regarding that 1992 conviction. Pace was sentenced to 30 years total on the two charges.

Pace appealed, but his convictions were upheld. He then filed his petition for post-conviction relief, arguing ineffective assistance of trial counsel, Garcia, and appellate counsel, attorney Michael Greene. Pace’s petition was denied.

In Vance R. Pace v. State of Indiana, 20A03-1206-PC-378, the Court of Appeals found that Garcia’s performance was deficient enough to warrant a new trial. Nearly a year before Pace’s trial, the Indiana Supreme Court ruled on Hines v. State, 801 N.E.2d 634 (Ind. 2004), which held it was an error to refuse a defendant’s request to bifurcate a trial where there is an SVF charge and another unrelated felony. Garcia admitted at the post-conviction relief hearing that there was “no benefit” for the jury to hear that Pace had previously been convicted as a drug dealer, but didn’t file the motion because he thought Pace had a better chance proceeding with both charges at the same time.

The Court of Appeals concluded that the trial court would have granted a motion to bifurcate and Pace was prejudiced by Garcia’s deficient performance because the jury heard evidence of Pace’s prior dealing conviction when determining if he was guilty of the current dealing charge.

Because they found that Pace’s trial attorney’s performance required a new trial, the judges did not discuss Pace’s claims regarding his appellate attorney.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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