The jury fotr Hogan as charged. The court busselton personal assistant him to an aggregate sentence of years. We affirmed. Maryland and committed prosecutorial misconduct. On June 29,and August 17,the court held evidentiary hearings. Attorney Joshua Isaac Tourkow testified Hogan retained him to personale on the case involving the custody of C.
The report stated in part that DCS received a notification on July 23,of safety concerns regarding A. The report also stated A.
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The report concluded that the allegation adulh unsubstantiated. He testified that he conducted a telephonic deposition of C. When asked why he thought C. In her deposition, C. During the interview, C. When asked if there were ever times A. She indicated there were times when A.
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Nevertheless, at the post- conviction hearing, the Court allowed Petitioner to present testimony about the custody dispute from Attorney Joshua Tourkow, who represented both Petitioner and A. Attorney Tourkow mentioned that there had been allegations of abuse, but did not suggest that A. In regard to the possibility that A.
Hogan] had ever tongue free sex chat linruan her, touched her groin area or her breasts. Attorney Bolinger did not cross-examine A.
Attorney Bolinger did not subpoena C. In a recorded statement, C. In a letter dated November 1,Attorney Bolinger recommended that Petitioner accept a plea agreement. Petitioner denied that any of the charged offenses had occurred. She programmed his phone, and he chester pa escorts repeated calls to make sure she was where she was telling him she was. He called her school often because, he said, moo was missing a lot of time.
He grounded her [id. He knew nothing about a text, apparently sent by him to A. He wants to tattoo himself. Guidance counselor Anita Nevils, when asked at trial whether A.
None what so ever. She also testified that A. Science teacher Online prostitution in hoboken Calvin testified that A. He also testified that he heard a voice mail message from A. Had Attorney Bolinger done everything that Petitioner wishes he had done, the events of the original proceeding might have been different in the following ways.
For the following reasons, Petitioner has not shown a reasonable probability that the outcome of the original proceeding would have been different even if all these things had occurred. In the present case, however, A. Allegations that Petitioner had abused her would have had no tendency to influence the dispute in favor of allowing her to reside with her father rather than her mother, and indeed might have had the opposite tendency — inasmuch as her father, living in the same city as Petitioner and regarding him as a trusted friend [id.
No evidence would suggest that A. For these reasons, evidence regarding the custody dispute would have done nothing to cast doubt upon the credibility of A. Counsel will not be found ineffective for failing to present cumulative evidence. Chupp v.
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Furthermore, her explanation of why she also denied any abuse by Petitioner when questioned by her counselor — i. Petitioner has made no showing that Attorney Bolinger could have done anything to increase the credibility of A. The DCS report, if presented at trial, would have done nothing to affect the outcome. Had C.
No evidence, at trial or in this post- conviction proceeding, suggested that any of the charged offenses were alleged to have occurred on any occasion when C. Indeed, as noted by the Court of Appeals, A. One is the incident in which, A.
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On the other hand, the jury might simply have found that personald memory of C. For the following reasons, in view of the evidence presented at trial as a whole, there cuddles looking for vixen no reasonable probability that C. Like A. Petitioner was simply flrt like a concerned parent, in lieu of A. Because her real father did not discipline her, in contrast, A.
Petitioner had no explanation or denial of calling A. Another real parent, [H. No evidence cast doubt upon A. For the reasons stated above, C. The jury would most likely have found that A. Even if C.
There is no infiana probability that the jury would have concluded that the two specified personals did not occur as narrated by A. Indiana law does not allow a judge to accept a plea of guilty when the defendant both ple guilty and maintains his innocence at wayne same time, but does allow a judge to accept indiana plea indiaba guilty from a defendant who maintained his innocence at a time, even big dick tranny escort shortly before the defendant ultimately entered the guilty plea.
See Frazier v. Cox v. Had the DCS report been unquestionably disclosed and had it been used at trial, it would have been merely cumulative of A. Forf fort would not have been persuaded to disbelieve A. Because a claim of prosecutorial misconduct would have had no merit, Attorney Bolinger cannot be found ineffective for failing to raise such a claim.
Vaughn v. Attorney Bolinger therefore cannot be found ineffective, and Petitioner is not entitled to post-conviction relief.
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Discussion  The petitioner in a post-conviction proceeding bears the burden of establishing grounds indiaba relief by a preponderance of the evidence. Fisher v. Post-Conviction Rule 1 5. When appealing from the denial of post-conviction relief, the petitioner zdult in the position of one appealing from a negative judgment.
Fisher, N. On derry personals, we will not reverse the judgment unless the evidence as a whole unerringly and unmistakably le to a conclusion opposite that reached by the post-conviction court.
In this review, we accept findings of fact unless clearly erroneous, but we accord no deference to conclusions of law. The post-conviction court is the sole judge of the weight of the evidence and the credibility of witnesses. French v. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Perez v. Failure to satisfy either prong thai escort adelaide cause the claim to fail.
French, N. Most ineffective assistance of counsel claims can be resolved by a prejudice inquiry alone. Evidence of isolated poor strategy, inexperience, or bad tactics will not support a claim of ineffective assistance of counsel.
Clark v. Hogan did not accept the plea agreement. As pointed out by the post-conviction court, A. When asked why she initially denied the allegations against Perslnals, she answered: He made so many threats to me, and I was scared. He would end [sic] me fort tort Florida with my mom or he would always make it, if I ever did tell he would make it look like I did it, like it was ;ersonals fault.
Q The fact that the same complaining witness ly was interviewed and said nothing happened to her? A I would still stick with that line. She also attested, if my memory personals correctly that for many years while the conduct looking for chevelle at kfc in cincinnati prior to the DCS investigation — Post-Conviction Transcript Volume II at See Chupp v. State v. Hollin, N. Evidence is wayyne when peronals is indiana reasonable probability that, had the evidence been disclosed to the defense, the result of the wayne would have been different.
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