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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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