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Man to get new trial because of counsel’s performance

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Because the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,” the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.

Michael Williams Jr. was convicted of Class B felonies burglary and conspiracy to commit burglary, and Class C felony carrying a handgun without a license. Williams, along with two other men, agreed to break into the home of Gregory Peek to steal marijuana, money and guns from him. Williams was the only one who entered the home and was later taken into custody by police.

A “deluge” of Williams’ previous criminal acts were admitted into evidence without objection and used by the state to argue that Williams had a propensity to commit the crimes for which he was charged. That evidence included previous felony convictions for possession of cocaine and a firearm, an arrest for possession of marijuana and carrying a handgun without a license, and various other offenses Williams admitted to a police officer that he had committed.

Williams’ attorney never objected to the admission of this evidence, which was inadmissible under Indiana Evidence Rule 404(b), the judges held, so her performance was deficient. And Williams was prejudiced by her poor performance.

“We are not confident that without the evidence of Williams’ prior crimes and gun-related acts the result of the proceeding would have been the same. Learning of an extensive criminal history of an accused surely weighs heavily on the minds of jurors,” Judge Nancy Vaidik wrote in Michael Williams, Jr. v. State of Indiana, 30A01-1207-CR-305.

She pointed out that the state also systematically elicited improper testimony and ultimately encouraged the jury to convict Williams on that basis.

The COA reversed the convictions and ruled that Williams can be retried on the three charges.  

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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