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Overwhelming evidence of guilt trumps defendant’s post-conviction claims

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The Indiana Court of Appeals upheld a northern Indiana man’s life without parole sentence for killing a police officer in 1997, finding the post-conviction court did not err when it denied him a new trial.

Gregory Dickens was 16 years old when he shot and killed Corporal Paul Deguch on a porch after Deguch approached Dickens believing he had a stolen bicycle. A jury found Dickens guilty, and the trial court imposed the life sentence upon recommendation of the jury.

Dickens sought a new trial on three grounds: there was newly discovered evidence; the state withheld evidence from the defense in violation of Brady v. Maryland, and his trial counsel was ineffective.

Dickens claimed a report issued by the National Research Counsel completed after his trial established the previously accepted and relied upon comparative bullet lead analysis conducted by the FBI was unreliable. This would render inadmissible testimony from FBI forensic examiner Charles Peters about the CBLA conducted on bullets at his trial.

“The post-conviction court found that in light of the findings contained in the NRC report, Peters’s testimony regarding the CBLA would not likely be admissible at retrial. Although the exclusion of the CBLA evidence might have weakened the State’s case, Dickens has not shown that the exclusion of the CBLA evidence, without more, would make it probable that a different result would be produced at retrial,” Judge Cale Bradford wrote in Gregory Dickens v. State of Indiana, 71A03-1304-PC-101.

The state was able to provided overwhelming evidence – including eyewitness testimony – to prove Dickens’ guilt, the court noted. This evidence also overrides his claim that the state knew about the reliability problems of the CBLA but didn’t inform his trial counsel, which led to a reasonable probability that the trial would have a different outcome.

The judges also found his trial counsel was not ineffective for failing to object to Dickens’ wearing of a stun belt during trial. He had a history of violence and attempted flight from police.

“Unlike shackles, which when worn are readily visible, a stun belt is worn under clothing and is, in most cases, unlikely to be visible to the members of the jury. Here, nothing in the record suggests that any member of the jury actually saw the stun belt,” Bradford wrote.
 

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  1. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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