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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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