Vigo court too hasty in tossing killer’s pro se PCR petition, panel rules

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A man convicted of murder who represented himself in his post-conviction relief proceeding was wrongly denied a chance to plead his case, a panel of the Indiana Court of Appeals ruled Tuesday. The court reversed an order by Vigo Superior Judge Christopher Newton summarily denying the petition.

The Indiana Supreme Court in 1995 affirmed Jerome Binkley’s conviction that came after two mistrials for the 1991 murder of Wayne Kemp in Terre Haute, even though the justices conceded no physical evidence connected Binkley to the crime. Binkley was sentenced to 60 years for murder enhanced by a 30-year term for being a habitual offender.

Binkley raised a claim of insufficient counsel in his PCR petition, arguing that his attorney failed to preserve objections to the testimony of witness Bill Loveland, and “that the knowing use of perjured testimony is fundamentally unfair.” A panel of the Court of Appeals ruled the PCR court erred when it summarily denied the petition in Jerome Binkley v. State of Indiana, 84A05-1208-PC-441.

“While our Supreme Court mentioned Loveland’s perjured testimony, it did not address the testimony in terms of whether the manner in which Binkley’s trial counsel sought to prevent or counteract the testimony amounted to ineffective assistance of counsel,” Judge Rudy Pyle III wrote for the panel. “In other words, whether the performance of Binkley’s trial counsel (1) fell below an objective standard of reasonableness; and (2) but for counsel’s errors, the result of the proceeding would have been different.

“Ineffective assistance is a separate and distinct inquiry from whether there is sufficient evidence to support a conviction. This is partly why an ineffective assistance claim is available for post-conviction relief, even when the issue is available and not raised on direct appeal,” Pyle wrote.

“Because Binkley has pled sufficient facts to raise an issue of possible merit, we find that the trial court erred in summarily denying Binkley’s PCR petition. As a result, we remand for further proceedings on Binkley’s ineffective assistance of counsel claim and direct the post-conviction court to issue findings of fact and conclusions of law consistent with Post-Conviction Rule 1(6).”


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues