ILNews

7th Circuit denies habeas relief in 2005 Gary murder

Back to TopCommentsE-mailPrintBookmark and Share

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.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT