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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. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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