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US Supreme Court declines to hear Fort Wayne case

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The case of an Ohio man sentenced to 60 years for killing a man he found sleeping in a motel room where he and other traveling magazine vendors were staying is headed to the Indiana Court of Appeals after the U.S. Supreme Court declined to hear it.

The Supreme Court decided Monday against hearing the state's appeal of a 7th U.S. Circuit Court of Appeals ruling. The court ruled last year the public defender who handled Shaw's appeal, Gregory Miller, should have challenged the murder charge because prosecutors missed by several months a legal deadline for upgrading the original charge of aggravated battery.

The federal appeals court found that Shaw demonstrated prejudice as he had a reasonable chance of success on appeal but for Miller's deficient performance.

“The bottom line is that attorney Miller was faced with two potential arguments, one undeniably frivolous and the other solidly based on a state statute and reinforced by the Indiana Supreme Court’s pronouncement in Haak. In the face of this choice, Miller opted for the hopeless sufficiency challenge,” Judge Diane Wood wrote in the July 2013 opinion.

Shaw and members of his magazine-selling team attacked Brett King, an univited stranger, in their hotel room. King was chased outside and beaten to death. Shaw and two other men were charged with aggravated battery, although Shaw denied being involved in the attack. The two other men agreed to testify against Shaw, which led to the state seeking to elevate his charge from aggravated battery to murder.

Shaw is being held at the Indiana State Prison.

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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. 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.

  3. 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.

  4. 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)

  5. 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)

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