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Woman didn't prove she should get new trial

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Finding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals today upheld the denial of her petition for post-conviction relief. The appellate court also ruled the court didn't err in excluding expert testimony during her post-conviction hearing.

In Alexa Whedon v. State of Indiana, No. 49A02-0808-PC-677, Alexa Whedon was convicted of murder under an accomplice liability theory; the Indiana Supreme Court affirmed her conviction and sentence on direct appeal.

In 2004, she filed a petition for post-conviction relief, alleging she had newly discovered evidence based on information from Michelle Griffin. Griffin testified that she was in jail on a forgery charge at the same time as Whedon and three other inmates who testified at Whedon's trial about what Whedon had told them regarding her connection to the murder.

Griffin claimed the women were lying and banded together on one story to benefit their own incarceration. The post-conviction court questioned Griffin's credibility and ruled her testimony was just mere impeachment evidence of the state's witnesses and doesn't meet the newly discovered evidence test.

The Court of Appeals found Whedon failed to prove three of the nine requirements of when new evidence mandates a new trial when it found Griffin's testimony was merely impeaching, not worthy of credit, and wouldn't probably produce different results at trial. The appellate court only addressed the credibility issue. The post-conviction court found Griffin to be vague in her answers and lacking credibility, so Whedon failed to show she's entitled to a new trial, wrote Judge Nancy Vaidik.

The Court of Appeals examined the testimony of Whedon's expert witness, Rob Warden, who spoke about incentivized witnesses and wrongful convictions. Warden had conducted studies on wrongful convictions involving "snitches." The post-conviction court excluded his testimony on the grounds it violated Ind. Evid. Rules 702 and 704.

The subject of "incentivized testimony" isn't a scientific, technical, or other specialized area in which an expert must guide the trier of fact, wrote Judge Vaidik. Because his testimony fell within the trier of fact's common sense, it wasn't helpful and was properly excluded. In addition, his testimony implies the witnesses in this case didn't testify truthfully or were more likely than not to lie; Rule 704(b), she wrote, prohibits a witness from testifying about whether a witness has testified truthfully.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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