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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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