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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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