Friday, March 27, 2009
Ind. Decisions - One Indiana 7th Circuit opinion today
In Bynum v. Lemmon (ND Ind., Judge Simon), a 17-page opinion, Judge Rovner concludes:
The district court correctly denied Bynum’s petition for a writ of habeas corpus. Bynum’s claim that his trial counsel was ineffective for failing to put him on the stand to testify at his suppression hearing required him to show both that counsel was ineffective and that counsel’s mistakes prejudiced him. Although we conclude that counsel was ineffective, Bynum was not prejudiced. The state courts ruled that it was not reasonably probable that, had Bynum testified, he would have succeeded on his motion to suppress. This conclusion was neither contrary to Supreme Court precedent nor based on an unreasonable determination of the facts in light of the evidence presented at Bynum’s trial and at the postconviction evidentiary hearing. The state court therefore reasonably concluded that Bynum was not prejudiced by his attorney’s failure to have him testify at the suppression hearing. AFFIRMED.
Posted by Marcia Oddi on March 27, 2009 10:30 AM
Posted to Ind. (7th Cir.) Decisions