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Split COA Finds Attorney Did Not Provide Adequate Counsel

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Split COA Finds Attorney Did Not Provide Adequate Counsel
by Marilyn Odendahl of Indiana Lawyer, December 29, 2015

Two typewritten letters and handwritten notes between a now-deceased defense attorney and a former prosecutor have divided the Indiana Court of Appeals over whether a plea agreement had actually been negotiated.

Derrell Woods convinced the Court of Appeals majority that the prosecutor offered to reduce his offense in exchange for a guilty plea but his defense counsel did not tell him about it. Also, the panel found that if Woods had known about the offer, he would have accepted.

Woods, who was 15 at the time of the offense in 2003, is currently serving a 45-year aggregate sentence after being convicted of Class A felony robbery with serious bodily injury. He claimed the prosecutor had proposed dismissing the Class A felony robbery charge and a carjacking charge in exchange for his plea to Class B felony robbery, Class D felony auto theft and Class D felony possession of cocaine with sentencing left to the trial court’s discretion.

During the post-conviction relief hearing, Woods submitted two letters dated June 23, 2003, that outline the plea offer. One letter includes handwritten notes, some illegible by the defense attorney, Brent Zook, while the other letter is clean and signed by the prosecutor John Maciejczyk.

In rejecting Woods’ petition for relief, the lower court described the first letter as non-discernable hearsay. The Court of Appeals agreed with the analysis of the first letter but noted the second letter is clear and supports Woods’ assertion that Zook did not alert his client to the prosecutor’s offer.

Pointing to Lafler v. Cooper, 132 S. Ct. 1376 (2012), Judge Edward Najam wrote for the majority, “…here Woods’ testimony that Zook did not extend the plea offer to him, absent any evidence to the contrary, is sufficient to prove prejudice. Indeed, Woods’ testimony in support of the post-conviction petition correlates with both his initial confession to police and his theory at trial that he was guilty of Class B, not Class A, felony robbery.”

However, Judge Melissa May dissented, arguing Woods did not overcome the presumption that counsel provided adequate service. She disputed that the evidence shows Zook did not communicate the plea offer to Woods.

“…even presuming there was a valid plea offer from Class B felony robbery, the only evidence that Zook did not communicate such offer to Woods came from the testimony of Woods himself,” May wrote. “The post-conviction court was not required to believe Woods’ testimony about that fact, even if his testimony was ‘undisputed.’”

The Court of Appeals reversed the denial of Woods’ amended petition for post-conviction relief in Derrell Woods v. State of Indiana, 20A03-1506-PC-688. It remanded with instructions to proceed as if Woods had just received the plea offer. If Woods accepts the offer but the trial court rejects it, then Woods should have a new trial.
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IS IT TRUE DECEMBER 31, 2015

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IS IT TRUE we can’t wait to read the State Boards Of Accounts audit results of the City of Evansville due at the end of January, 2016?  …we shall finally get the answer if past City Council Budget Chairman John Friend CPA was correct that 2015 budget had a $6 million dollar deficit?

IS IT TRUE it looks like the highly regarded long term member of the Evansville Police Merit Commission Rev. Adrian Brooks reappointment to this Board is in jeopardy?  …we hear that Rev Brooks may be replaced by a young person of color who is in the advertising business?   …we hear that the movement to replace Rev Brooks is being orchestrated by a few members the FOP and two members of City Council?

IS IT TRUE we are  sadden to see such the hard working and dedicated public servant Denise Johnson deciding to move on.?  … for many years Denise dedicated herself on trying to make our Parks system the best possible without the proper financial support from the Mayors office?  …we wish her well and know she will do well in what she choses to do in the future?

IS IT TRUE we also hear that Evansville Redevelopment Commission member Cheryl Musgrave will be replaced by someone who shall be a rubber stamp for Mayor Winnecke and DMD Director Kelly Coures?

IS IT TRUE  that City Council President elect Missy Mosby will declare that anyone who wants to speak at 2016 Council meetings will only be allowed to speak for 3 minutes?  …this move is design to shut up ‘Blight Fighter” George Lumley from speaking his mind about the obvious Brownfield Corp and DMD mis-management of State and Federal funds earmarked for blighted homes?  …if she decides that citizens and taxpayers of this community can only speak for 3 minutes about complex governmental issues that concern them she may find that this move will attract the attention of the ACLU?  …that he ACLU has a history of opposing unreasonable restriction of freedom of speech?

IS IT TRUE  that Dale McCuiston will announce he shall run for the  Vanderburgh County Commissioner seat now held by Joe Kiefer, a Republican who is not seeking re-election?  … we also hear that an extremely popular Vanderburgh County Council is also considering running for this seat?

IS IT TRUE todays “Readers Poll” questions; Do you feel that City Council should gift $1.7 million dollars to Brownfield Corp. without strings attached?

IS IT TRUE we wish you a “HAPPY NEW YEAR”?

ST. MARY’S, UNIVERSITY OF EVANSVILLE TO OFFER FINANCIAL PREPAREDNESS CLASS FOR NEW AND EXPECTANT PARENTS

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Welcoming a new baby brings a lot of joy to families – but it can also bring many questions about finances. Preparing for the expenses of the first few months of life, costs for daycare, saving for college, and the overall costs of raising a child can leave parents feeling stressed.

That’s why St. Mary’s Hospital for Women & Children and the University of Evansville are teaming up to offer a financial preparedness class for new and expectant parents – whether they are having their first child or welcoming another baby to the family. The class is set for Wednesday, January 20, from 6:30 – 8:00 PM in the St. Mary’s Gift Conference Room, located just off the lobby of the Hospital for Women and Children.

Dr. Yasser Alhenawi, Assistant Professor of Finance at the University of Evansville, will address topics including:

  • Household financial planning
  • Taxes and insurance
  • Resources available for those needing assistance

The class is free, but registration is required. To reserve a spot, go to stmarys.org and click the “Class or Event” tab, or call Terry Cooper, Personal Birth Consultant, at 812.485.6016.

Court: Disputed model year may void van sale agreement

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Dave Sttaford forwww.theindianalawyer.com

A trial court erred when it granted summary judgment in favor of the seller of a van who represented to the buyer the vehicle was a year newer than recorded on the title.

John Barker gave Jason Price a $2,000 deposit as part of an agreement to purchase a Ford E-350 van for $15,000, but he balked when the title was in the name of a third party and when the vehicle’s model year was 1993 instead of 1994, according to the title. Barker demanded Price refund the $2,000 deposit, but Price refused.

Barker sued, but Price won summary judgment in Howard Superior Court, which ruled the contract between the parties didn’t condition the sale on the year of the vehicle and that a title in another’s name is a valid certificate.

Court of Appeals Judge Edward Najam wrote for the panel that the trial court correctly interpreted the law regarding a third party’s name on a title, but erred in granting summary judgment in the dispute over the model year.

“(T)he deposit agreement is not the entire agreement between Barker and Price. Accordingly, the trial court erred when it concluded that the deposit agreement precluded Barker’s claim that the model year was a term material to the parties’ agreement for sale of the van,” Najam wrote in John Barker and Specialty Limos, LLC v. Jason Price, 24A02-1506-PL-626.

“And we cannot say that the designated evidence otherwise shows that Price is entitled to judgment as a matter of law on this issue. We reverse the court’s entry of summary judgment for Price and remand for further proceedings. On remand, the court shall consider not only the deposit agreement but also extrinsic evidence to determine whether, as between the parties, the model year was a term material to their agreement.”

VENUWORKS STRENGTHENS FORD CENTER AND VICTORY THEATRE SECURITY FOR YOUR CONTINUED SAFETY

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VenuWorks is enhancing its security at Ford Center & Victory Theatre as a proactive measure to continue keeping guests safe at events. According to Scott Schoenike, Executive Director of both facilities, “Safety for all our employees and guests continues to be a top priority as we improve security measures at Ford Center and Victory Theatre.”1-A-Plus-Pic-Ford-Center-2z86prh3k54bivada6zaww

These new security measures will begin January 14, 2016 and will include walk through metal detectors at all entrance doors.

In addition, the following security measures will be followed:

  • ï‚·  All Bags are subject to visual inspection before entering the facility
  • ï‚·  All Coats & Jackets must be taken off and screened prior to entering the facility
  • ï‚·  All Bags entering the facilities should be soft sided and smaller than 13”x13”x13”
  • ï‚·  Backpacks are not allowed in the facility

    Patrons should pre-plan for these expectations when attending events in order to make the process smoother.

    Ford Center is managed by VenuWorks of Evansville, LLC. For more information on Ford Center visit:

    www.thefordcenter.com www.facebook.com/fordcenterevansville www.twitter.com/thefordcenter

Online Survey by State Representative Wendy McNamara

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Dear Friend,

The 2016 legislative session is here and I would like your feedback on several important issues.

I am committed to keeping the momentum going this session as we work toward developing a responsible, comprehensive andsustainable plan to maintain and improve our transportation infrastructure. As the Crossroads of America, our roads and bridges play a key role in our state’s economy.

I will also continue to address new rules set by the Higher Learning Commission, which threaten to undermine how dual-credit courses are handled in Indiana. We want to continue to offer college credit classes to high school students so that they have all the opportunities for growth available to them.

To best represent our community, I encourage you to click here to take my online survey and feel free to provide your comments as well. Your thoughts and opinions matter, and I look forward to hearing from you.

Sincerely,

State Rep. Wendy McNamara

Governor Pence Pens End-of-Year Message to Hoosiers

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Pence: “In 2015, we made historic investments in our workforce, kids and teachers, and we’ve also put a high priority on the health and safety of all Hoosiers.”

 

Indianapolis – Governor Mike Pence today issued the following year-end message, outlining the accomplishments of 2015 and looking forward to the year ahead. Accompanying the message is an infographic entitled “Making Indiana Work: A 2015 Progress Report.”

 

My Fellow Hoosiers,

As 2015 comes to a close and we look back on the year gone by, I’d like to take this opportunity to reflect upon what was a tremendous year in the life of our state.

With unemployment at its lowest rate since 2001 and more Hoosiers working than ever before in state history, Indiana has continued the economic growth that has become the hallmark of our state. In the last year, we have added thousands of jobs to our manufacturing base, the third most in the United States. In areas such as trade, transportation and utilities, we’ve added more than 20,000 new jobs, fifth best nationwide. Our economy is on a roll and as we look toward 2016, I am confident that we will continue to build on the progress of this past year.

In 2015, we made historic investments in our workforce, kids and teachers, and we’ve also put a high priority on the health and safety of all Hoosiers.


The budget I signed into law this past spring commits historic levels of new funding for education, teacher performance bonuses, domestic violence and infant mortality prevention and more than doubles funding for our Hoosier veterans.

Hoosiers can be proud that, along with members of the Indiana General Assembly, we enacted the largest K-12 education funding increase in state history. Just as Indiana is a leader on education reform, our students are achieving great results in the classroom. Test scores and graduation rates are up, and the latest National Assessment for Educational Progress (NAEP) scores show Hoosier children outpacing national averages at every level. That is a credit to our dedicated teachers and the hard work of our kids. 

We’ve also put a high priority on the infrastructure that has made Indiana the Crossroads of America.

Earlier this fall, I announced the 21st Century Crossroads plan to responsibly invest one billion dollars in our roads and bridges. Our transportation infrastructure must be able to support the economic growth while protecting Hoosiers from new tax increases. Our plan, along with legislation that will free up additional funds for local transportation projects will go a long way in ensuring that Indiana remains the Crossroads of America. I’ll pursue both proposals during the upcoming legislative session of the Indiana General Assembly.

We also know that the true measure of a society is how it treats its most vulnerable. Hoosiers have seen the devastating effects of drug abuse throughout our communities and in response to this epidemic, I created the Governor’s Task Force on Drug Enforcement, Treatment and Prevention, to combat the scourge of drug addiction in Indiana.

Based on the recommendations of the Task Force, my administration will pursue legislative action to increase penalties for the most serious drug dealers. But, for those struggling with the scourge of addiction, I believe our efforts with regard to treatment and prevention are of the utmost importance. In fact, my administration recently unveiled plans for a new state neuro-diagnostic and addiction treatment institute to improve the way we treat mental health issues in Indiana. The institute will serve as the centerpiece of our ongoing commitment to improve mental health and address the heartbreak of addiction that has beset far too many families in Indiana.

This year, we demonstrated that Indiana is a true innovator when it comes to delivering health care to our citizens. We expanded health care coverage to Hoosiers this past January through what we call the Healthy Indiana Plan (HIP) 2.0 and to date, more than 355,000 Hoosiers have enrolled. I am especially proud of the fact that Hoosiers in the lowest income brackets make up a majority of all HIP 2.0 enrollees. HIP now offers a Gateway to Work program, which connects Hoosiers to workforce training programs and potential employers. Voluntary programs like Gateway to Work just might offer the assistance some of our neighbors need in order to get back on their feet.

Looking forward to 2016, we’ll remain committed to strengthening Indiana’s economy. We’ll continue to implement the kind of policies that improve the lives of all Hoosiers and make this a state that attracts and keeps talent and investment. We’ll do so with an ear attuned to the issues that matter the most to Hoosiers. Our formula for success in 2015 will be the guide for continuing to make Indiana a great place to work, live and raise a family.

As we close the chapter of 2015 and enter our state’s bicentennial year, I wish every Hoosier a happy and prosperous new year.

Sincerely,
Governor Mike Pence 

 

 

Some Police, Prosecutors Back Tougher Cold-Medicine Law

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IL for www.theindianalawyer.com

Some Indiana police agencies say their fight against methamphetamine production would be helped by a proposed state law change to require a doctor’s prescription for a common cold medicine that is used to make the illegal drug.

The head of the state police meth suppression unit said it spends nearly all its time dealing with hazardous small-time meth labs and dump sites.

Indiana House Speaker Brian Bosma and the Indiana Prosecuting Attorneys Council are among those supporting a GOP-proposed bill that would end over-the-counter sales of medicines containing pseudoephedrine.

Marshall County in rural northern Indiana, which spent several years among the state’s top 10 counties for meth labs, has an ongoing problem with the illegal drug. Sheriff Matthew Hassell told the South Bend Tribune the tighter restrictions could frustrate meth makers.

“My thinking is, with our state dealing with this methamphetamine crisis, make it more difficult for (manufacturers) to receive the pseudoephedrine,” Hassell said. “It’s an extra step for the person who is properly using it, but I don’t think it’s that big of an inconvenience for a person to call their physician or stop in at a local clinic.”

Opponents maintain requiring prescriptions would be bothersome for law-abiding people who have allergies and colds and increase health care costs by forcing people to make more doctor visits.

Dr. Christina Barnes, an allergist with South Bend Clinic, said she and other doctors already write pseudoephedrine prescriptions, allowing people to buy a 30-day supply at once instead of having to return to the pharmacy weekly per the state’s current restrictions.

“We have a lot of patients who are very grateful because they have a prescription, and not having to go back and have their ID scrutinized and all that,” Barnes said.

Indiana State Police reported 1,488 meth lab incidents in 2014 and said the state was on pace this year for about 1,500 lab discoveries.

Sgt. Mike Toles, who leads the state police’s meth suppression unit, which includes 18 full-time investigators, spends 95 percent of its time responding to and cleaning up hazardous meth labs and dump sites rather than working to stop organized methamphetamine trafficking from Mexico and elsewhere.

:We want to go after these import cases, we want to go after the big hitters,” Toles said, “but when we’re spending all our time with these little hitters, that’s very difficult to do.”

University Of Southern Indiana Men’s Basketball Overwhelmed Purdue University North Central

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EVANSVILLE, Ind. – University of Southern Indiana Men’s Basketball overwhelmed Purdue University North Central, 102-67, Wednesday night at the Physical Activities Center. USI sees its record go to 10-2 overall, 7-1 at the PAC this season, while PNC falls to 10-7.

The victory marked the Screaming Eagles’ sixth-straight victory and their third 100-point game of the year. USI also finishes the non-conference portion of the schedule 8-2 against non-league opponents.

The Eagles started the game by flying out to a 23-7 lead by the 12:50 mark. PNC, however, was not about to let USI run away with the contest, posting a 22-9 run of its own to cut the Eagles’ advantage to 32-29 with 4:43 left on the clock until the half.

USI would push the lead back to double-digits, 41-31, in the final minutes before settling for the 42-33 intermission advantage. Junior guard Jeril Taylor (Louisville, Kentucky) and freshman guard Alex Stein(Evansville, Indiana) led the Eagle scorers with 13 points and 10 points, respectively, in the opening 20 minutes.

In the second half, USI wasted little time in gaining total command of the contest by extending the halftime advantage to 31 points, 74-43, at the midway point of the final stanza. The Eagles’ lead grew to as many as 42 points, 100-58, before settling for the 102-67 victory.

Taylor added 11 points in the second half and finished with a game-high 24 points and 10 rebounds. The junior guard, who was nine-of-16 from the field, four-of-nine from beyond the arc, and a perfect two-of-two from the line, also had season-high six assists and six steals. He also has had four double-doubles through the first 12 games.

Stein followed Taylor in the scoring column with 19 points, while senior forward Shane Seniour(Newburgh, Indiana) added 13 points and followed Taylor on the glass with eight rebounds. Freshman forward Jacob Norman (Evansville, Indiana) and junior guard Bobo Drummond (Peoria, Illinois) rounded out the double-digit scorers with 11 points and 10 points, respectively.

Drummond also added a career-high and game-high 10 assists and followed Taylor with three steals.

As a team, USI shot 56.7 percent (38-67), 67.6 percent in the second half (23-34), and won the battle of the boards, 48-27. The Eagles also grabbed a season-high 11 steals.

Great Lakes Valley Conference action resumes next week for the Eagles when they make the trip to western Missouri to visit Rockhurst University January 7 and William Jewell College January 9. USI is 2-0 in GLVC action after defeating McKendree University and the University of Illinois Springfield to start December.

The USI Varsity Club is inviting fans to watch the live video stream of the USI-Rockhurst women’s and men’s doubleheader in the Varsity Club Room January 7. The women’s game is 5:30 p.m., while the men’s game is slated to follow at 7:30 p.m.

Adopt A Pet

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Turtle is a 6-month-old male solid black kitten! Midnight, Moonshine, and Wiggles are his siblings. Turtle loves people and playing with toys. He’d get along just fine with other cats in his new home! His $30 fee includes his neuter, microchip, vaccines, and more. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

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