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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

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  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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