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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. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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