Man’s molestation post-conviction bid fails on appeal

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A Morgan County man failed to convince a Court of Appeals panel that ineffective assistance of counsel and prosecutorial misconduct should entitle him to relief from a child molestation conviction.

In William Hinesley, III v. State of Indiana, 55A05-1302-PC-80, Hinesley appealed denial of post-conviction relief from the Class A felony conviction for which he was sentenced to an aggregate term of 25 years in prison. He claimed his counsel failed to object to hearsay and double-hearsay from police regarding what witnesses said.

But the panel noted that Hinesley’s defender testified to the post-conviction court that he didn’t object because he was pursuing a strategy of presenting the varying accounts of key witnesses to the alleged molestation, including Hinesley’s son.

“We cannot say that the post-conviction court erred when it concluded that defense counsel’s trial strategy was reasonable under the unique circumstances of this case,” Judge Terry Crone wrote for the panel that also ruled Hinesley had waived his claim of prosecutorial misconduct.

Hinesley also objected to his attorney’s failure to introduce the medical report from a physical examination of the victim taken the day after the molestation that Hinesley claimed would have helped his case. “We cannot say that the medical report has the same exculpatory value that Hinesley now assigns it such that the result of the trial would have been different had counsel introduced it,” Crone wrote.

The panel also rejected Hinesley’s argument that the cumulative impact of his counsel’s poor decisions prejudiced his case. Hinesley cannot demonstrate the trial would have been different absent the claimed errors, Crone wrote.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...