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7th Circuit denies habeas relief in 2005 Gary murder

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A man convicted of murder for the 2005 shooting death of a 15-year-old on a Gary street wasn’t prejudiced by his attorney’s refusal to object to a prosecutor’s comments about the defendant’s failure to testify, the 7th Circuit Court of Appeals ruled Friday.

The panel affirmed U.S. District Judge James Moody’s dismissal of a habeas petition in the District Court, Northern District of Indiana, South Bend. Tommy D. Ford was convicted in Lake Superior Court of the murder of Christian Hodge in a second trial after the first ended in a hung jury. Ford was sentenced to 50 years in prison.

“Ford contends that an objection would have been sustained because the prosecutor’s comments violated his Fifth Amendment privilege against compulsory self-incrimination,” Circuit Judge John Tinder wrote for the panel in Tommy D. Ford v. Bill Wilson, Superintendent, 12-3844. “However, even assuming that to be true, Ford has failed to show prejudice resulting from his attorney’s failure to object.”

Ford’s petition under 28 U.S.C. § 2254 fails, Tinder wrote, because “the strength of … evidence negates any reasonable probability that the outcome of Ford’s trial would have been different absent the prosecutor’s comments.”

The panel did find, though, that the Indiana Court of Appeals applied the wrong standard in denying Ford’s petition for post-conviction relief. But citing Ruhl v. Hardy, 743 F.3d 1083, 1091 (7th Cir. 2014), the panel found misapplication of the standard doesn’t in itself permit relief because “the court’s application must have been more than incorrect; it must have been objectively unreasonable.”

Writing for the panel, Tinder concluded, “Although the Indiana Court of Appeals applied the wrong legal standard to Ford’s claim, when we apply the correct standard, we get the same result. Even assuming the performance of Ford’s trial counsel was deficient, there is no reasonable probability that adequate performance would have changed the outcome of Ford’s trial.”

 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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