Coleman v. State

694 N.E.2d 269, 1998 Ind. LEXIS 41, 1998 WL 197846
CourtIndiana Supreme Court
DecidedApril 24, 1998
Docket49S00-9302-CR-253
StatusPublished
Cited by66 cases

This text of 694 N.E.2d 269 (Coleman v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coleman v. State, 694 N.E.2d 269, 1998 Ind. LEXIS 41, 1998 WL 197846 (Ind. 1998).

Opinion

SELBY, Justice.

Appellant Robert C. Coleman executed a waiver of his right to trial by jury. He was tried before the court and found guilty of Murder, Ind.Code § 35-42-1-1 (Supp.1991), and Carrying a Handgun Without a License, a Class D Felony, Ind.Code-§ 35-47-2-1 and 23(c) (1988). The trial court sentenced Coleman to sixty years for Murder and one and *272 one-half years for Carrying a Handgun Without a License, sentences to run concurrently.

This appeal was originally docketed in this Court in 1993. Coleman then sought a remand to the trial court to pursue a petition for post-conviction relief. We granted this request and terminated the appeal pursuant to Davis v. State, 267 Ind. 152, 368 N.E.2d 1149 (1977). See also Hatton v. State, 626 N.E.2d 442 (Ind.1993). After a hearing, the trial court denied Coleman’s petition for post-conviction relief. Coleman then initiated this appeal. By order, we granted Coleman leave to present both the issues that would have been addressed in the original appeal and those arising from the post-con-vietion proceeding.

Appellant raises the following issues: 1) Was Appellant denied his Sixth Amendment right to effective assistance of counsel? 2) Did the trial court commit reversible error when excluding evidence of specific instances of the victim’s violent conduct and was counsel ineffective for failing to make an offer of proof of those specific instances? 3) Did the judge pro tempore lack authority to accept Appellant’s jury trial waiver and was that waiver invalid? 4) Was the evidence insufficient to support the conviction of Murder? and 5) Is the sentence manifestly unreasonable? We answer these questions negatively, and affirm.

FACTS

The evidence viewed in the light most favorable to the judgment shows that Appellant shot and killed his long-time friend, William House, in the early morning hours of August 22,1991.

At approximately 3:00 a.m., House drove to the home of his cousin, Diaryl Hoskins, and ■asked Hoskins to ride around with him in a white Camaro that House had borrowed. The two men drove to a local night club. As they approached, Hoskins noticed that Appellant was standing outside. Knowing that House and Appellant were good friends, Hos-kins pointed out Appellant to House. House pulled the car over, and got out to speak to Appellant. Appellant and House argued; then House got back into the car, and he and Hoskins left the area.

A few minutes later, House noticed that Appellant was following him in his car. House pulled over and got out of the car. Appellant pulled, up next to the Camaro, got out of his ear, and the two rehashed their earlier argument. Hoskins told House that he wanted to get going, and House got back into the Camaro. Appellant then approached the Camaro, pulled out a handgun and fired two shots in House’s direction. The first shot ricocheted off the ground and hit the car door, the second shot hit House in the side of the chest, below his left armpit. House put the car in gear and accelerated, then apparently lost consciousness. Hoskins managed to stop the car. With the help of some bystanders, Hoskins moved House into the passenger seat and drove to Methodist Hospital, where doctors pronounced House dead on arrival.

Appellant took the stand in his own defense and testified that he shot the gun in House’s direction to cover himself while he retreated behind his ear. He stated that he believed House had a gun, and he shot only after he saw House make a move for the gun. DISCUSSION

I. Effective Assistance of Counsel

We evaluate claims concerning denial of the Sixth Amendment right to effective assistance of counsel using the two-part test articulated in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Yerden v. State, 682 N.E.2d 1283, 1286 (Ind.1997). First, the appellant must show that his attorney’s performance fell below an objective standard of reasonableness. Strickland, 466 U.S. at 687-91, 104 S.Ct. at 2064-67. Second, the appellant must show that the deficiencies in the attorney’s performance were prejudicial to the defense. Id. at 691-96, 104 S.Ct. at 2066-69. Prejudice exists when the conviction or sentence resulted from a breakdown in the adversarial process that rendered the result of the proceeding fundamentally unfair or unreliable. Lockhart v. Fretwell, 506 U.S. 364, 372, 113 S.Ct. 838, 844, 122 L.Ed.2d 180 (1993). We presume that the attorney’s performance has met the objective standard of reasonableness; to prevail, the appellant must rebut this presumption with strong and convincing *273 evidence. Barany v. State, 658 N.E.2d 60, 65 (Ind.1995). Evidence of isolated poor strategy, inexperience or bad tactics will not support a claim of ineffective assistance. Clark v. State, 668 N.E.2d 1206, 1211 (Ind.1996), ce rt. denied — U.S. -, 117 S.Ct. 1438, 137 L.Ed.2d 545 (1997).

Appellant sought permission to terminate his direct appeal to pursue post-conviction remedies for the alleged violation of his Sixth Amendment rights, and to develop a record for review of those claims. The post-conviction court expressly limited its decision to Appellant’s ineffectiveness claims. On appeal from denial of post-conviction relief, the appellant must show that the evidence as a whole was such that it leads unerringly and unmistakably to a decision opposite that reached by the trial court. Spranger v. State, 650 N.E.2d 1117, 1119 (Ind.1995). It is only where the evidence is without conflict and leads to but one conclusion, and the trial court has reached the opposite conclusion, that the decision will be disturbed as being contrary to law. Id. at 1119-20.

A. Alleged Conflict of Interest

Appellant first claims that his trial attorney was ineffective because he represented Appellant under a conflict of interest. The Sixth Amendment guarantees that the accused be represented not only by counsel satisfying at least a minimum standard of professional competency but also by counsel whose undivided loyalties lie with his client. Holloway v. Arkansas, 435 U.S. 475, 481-82, 98 S.Ct. 1173, 1177-78, 55 L.Ed.2d 426 (1978); Williams v. State, 525 N.E.2d 1238, 1240 (Ind.1988). To establish a conflict of interest amounting to a Sixth Amendment violation, Appellant must show that counsel actively represented conflicting interests that adversely affected his performance. The mere possibility of a conflict of interest is insufficient to justify reversal of a conviction. Cuyler v. Sullivan, 446 U.S. 335, 350, 100 S.Ct.

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Bluebook (online)
694 N.E.2d 269, 1998 Ind. LEXIS 41, 1998 WL 197846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-state-ind-1998.