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7th Circuit denies convicted murderer habeas relief

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An Indiana man who was denied habeas relief, arguing his trial attorney was ineffective for not trying to suppress as evidence clothing he had given to police after his arrest, lost his appeal before the 7th Circuit Court of Appeals Tuesday.

Tyrone L. Jones was convicted of murder and other charges related to the death of Sam Alexander in Indianapolis. Jones was allegedly the last person to see Alexander alive. A witness saw him with Alexander’s television, which Jones had pawned. He also attempted to pawn Alexander’s microwave.

Police found Alexander dead in his apartment with his hands bound. When Jones was brought to police headquarters for questioning by Detective Charles Benner, Jones signed a form that contained sections of advice of rights and waiver of rights. Jones agreed to give Benner his shoes and clothing. The shoe print of Jones’ shoe was the same as one that appeared on a pillowcase in the house.

Jones appealed his convictions, which were upheld, and then sought post-conviction relief in state court. He claimed ineffective assistance of trial counsel based on his attorneys’ failure to object to the admission of the evidence related to the seizure of his shoes on the basis of Pirtle v. State, 323 N.E.2d. 634 (Ind. 1975).  The post-conviction court concluded that Jones had voluntarily surrendered the clothing. The Court of Appeals denied his claim, finding the mere admission of his shoes or clothing did not prejudice him.

“Here, Detective Benner’s request for Mr. Jones’s shoes fits comfortably within the category of searches to which Pirtle does not apply. It was limited in scope and was minimally intrusive – certainly less so than a blood sample or even a cheek swab. Mr. Jones has not come forward with any examples of Indiana cases that have required Pirtle warnings in circumstances similar to his, nor is there any indication that Indiana courts are inclined to extend the rule of Pirtle to apply in such circumstances,” Judge Kenneth Ripple wrote in Tyrone L. Jones v. Richard Brown, 12-3245.

“In the present case, had Mr. Jones’s counsel moved to suppress the shoes, or any evidence that resulted from the testing of the shoes, on the basis of Pirtle, we believe that the state court would have denied that motion. Consequently, trial counsel’s failure to press an unavailing argument based on Pirtle was not ‘outside the wide range of professionally competent assistance’ that Strickland allows, and trial counsel was not constitutionally ineffective.”

“By determining that Mr. Jones had not established that the admission of inculpatory evidence was the result of any Pirtle error, the Court of Appeals of Indiana reasonably concluded that the second, so-called prejudice prong of Strickland had not been satisfied. Consequently, on habeas review, we cannot conclude that Mr. Jones was prejudiced by any failure of his trial counsel,” Ripple wrote.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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