ILNews

Trial court needs to take another look at alibi defense

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals reversed the denial of a man’s petition for habeas corpus and ordered the District Court to take another look at the defense counsel’s alibi defense investigation.

Torray Stitts was convicted of the murder of Kevin Hartson in Kokomo and sentenced to 60 years in prison. The state’s case was based on the testimony of two witnesses whose reliability was attacked at trial. Stitts’ direct appeal failed as did his post-conviction relief petition. He claimed that his trial counsel was ineffective for failing to adequately investigate his alibi defense for potential presentment at trial.

His attorney interviewed Stitts’ father, who claimed his son was at the American Legion Post with him and that other people saw Stitts there. Stitts’ attorney decided there weren’t any quality witnesses to testify on Stitts’ behalf and did not interview anyone else.

In Torray Stitts v. Bill Wilson, superintendent, Indiana State Prison, 12-2255, the 7th Circuit had to decide whether Stitts’ counsel’s alibi investigation violated Strickland v. Washington, 466 U.S. 668, 687 (1984), not the decision to not present an alibi defense at trial. The Indiana Court of Appeals affirmed the denial of Stitts’ petition for post-conviction relief, finding that the attorney did investigate Stitts’ alibi defense and the investigation did not fall below an objective standard of reasonableness nor was he prejudiced.

The Indiana Supreme Court declined to take the case. Judge Larry J. McKinney in the Southern District of Indiana denied Stitts’ petition for habeas corpus.

“When a defendant’s alibi is that he was at a nightclub at the time of the shooting, where there are presumably many people, we cannot fathom a reason consistent with Supreme Court precedent that would justify a trial counsel’s decision to interview only a single alibi witness without exploring whether there might be others at the venue who could provide credible alibi testimony,” Judge Ann Claire Williams wrote. “There is simply no evidence in the record to suggest that exploring the possibility of other alibi witnesses ‘would have been fruitless’ under these circumstances.”

The 7th Circuit remanded the case to the District Court to determine whether the trial counsel performed no further alibi investigation. If the attorney did not, then the District Court should grant the habeas petition. If the court finds the attorney did more, then the court must determine de novo whether that investigation was reasonable under Strickland.

 

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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT