Tuesday, June 24, 2014
Ind. Decisions - 7th Circuit decides one Indiana case today
In Tyrone Jones v. Richard Brown (SD Ind., Lawrence), a 31-page opinion, Judge Ripple writes:
After a bench trial, Tyrone L. Jones was convicted of felony murder in an Indiana trial court. His conviction was affirmed on direct appeal. He then filed a petition for postconviction relief in state court, alleging ineffective assistance of trial counsel. Specifically, he contended that his trial counsel had been ineffective for failing to seek the suppression of clothing that Mr. Jones had given to the police after his arrest. Mr. Jones contended that the clothing had been obtained in violation of Pirtle v. State, 323 N.E.2d 634 (Ind. 1975), which, at least under some circumstances, requires that a detainee be advised of his right to counsel prior to consenting to a search of his property. The state trial court denied postconviction relief; the Court of Appeals of Indiana affirmed that judgment, and the Supreme Court of Indiana denied transfer.
Having exhausted his state remedies, Mr. Jones sought federal habeas relief under 28 U.S.C. § 2254. He reiterated the same claim of ineffectiveness of counsel that he had presented to the state courts. The district court denied relief. We now affirm that judgment because trial counsel was not constitutionally ineffective under Strickland v. Washington, 466 U.S. 668 (1984).
Posted by Marcia Oddi on June 24, 2014 12:26 PM
Posted to Ind. (7th Cir.) Decisions