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Trial court needs to take another look at alibi defense

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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.

 

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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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