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Woman unable to prove attorney actions were prejudicial

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A woman’s petition for post-conviction relief on the grounds her trial counsel was ineffective was denied by the Indiana Court of Appeals.

Anastazia Schmid was told on March 2, 2001, that her boyfriend, Tony Heathcote, allegedly had molested her daughter from a prior marriage. While Schmid and Heathcote were having sexual relations on March 4, 2001, Heathcote suggested that Schmid play the part of the little girl and he would play the part of the daddy. This statement caused Schmid to think of her daughter. She then got a knife and began stabbing Heathcote who was blindfolded and restrained at the ankles. He was stabbed 39 times and died. Later, Schmid indicated that at the time of the stabbing she had heard a voice telling her that she was the messiah and Heathcote was evil and needed to be eliminated.

Following a jury trial, Schmid was convicted with verdicts of guilty but mentally ill. She then appealed her convictions of Class C felony battery by means of a deadly weapon, Class C felony criminal recklessness by means of a deadly weapon, Class B felony aggravated battery, Class C felony battery resulting in serious injury, murder, and two counts of Class D felony criminal recklessness.

On Feb. 7, 2005, Schmid filed a pro se petition for post-conviction relief. She amended the petition five years later. The post-conviction court denied her petition on Aug. 18, 2011.

“All the arguments Schmid raises in this appeal assert her trial attorneys were ineffective,” Judge Melissa May wrote for the majority. The court reviewed her claim under the two-part test announced in Strickland v. Washington, 466 U.S. 668, 687 (1984). To prevail, she must show counsel’s performance fell below an objective level of reasonableness based on prevailing norms and that deficient performance resulted in prejudice.

Schmid argued that her attorneys should have raised the “justified reasonable force” defense; that her attorneys should have asked for another competency hearing after she was found competent to stand trial; that her attorneys did not communicate a plea offer; and that her attorneys denied her the right to testify in her own defense at trial.

The COA found that Schmid did not demonstrate counsels’ alleged errors were prejudicial and affirmed the denial of her petition for post-conviction relief.
 

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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