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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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