Derrell Woods v. State of Indiana

48 N.E.3d 374, 2015 Ind. App. LEXIS 773, 2015 WL 9478052
CourtIndiana Court of Appeals
DecidedDecember 29, 2015
Docket20A03-1506-PC-688
StatusPublished
Cited by14 cases

This text of 48 N.E.3d 374 (Derrell Woods v. State of Indiana) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Derrell Woods v. State of Indiana, 48 N.E.3d 374, 2015 Ind. App. LEXIS 773, 2015 WL 9478052 (Ind. Ct. App. 2015).

Opinions

NAJAM, Judge.

Statement of the Case

[1] Derrell Woods appeals the post-conviction court’s denial of his amended petition for post>conviction relief. Woods presents a single dispositive issue for our review, namely, whether the post-conviction court erred when it concluded that Woods was not denied the effective assistance of trial counsel. We reverse.

Facts and Procedural History

[2] We summarized the facts and procedural history of this ease in Woods’ direct appeal, Woods v. State, No. 20A04-0401-CR-46, slip op. at 2-8, 818 N.E.2d 155 (Ind.Ct.App. November 12; 2004), as follows:

On April 15, 2003, Gail Williams and her husband, Frank, went to Walgreens in Elkhart, Indiana, to purchase prescription medication for Gail’s mother. After exiting the store, Frank placed their purchases in the car while Gail stood on the sidewalk. Brandon Robinson and Woods, who had been standing out of view on the side of the Walgreens building, approached Gail from behind. Robinson pushed Gail down while Woods grabbed Gail’s purse from her arm. Both men then took off running.' Gail fell to the ground after being pushed •and broke her left leg. She also had bruises on her left arm where Woods had struggled with her when he grabbed, her purse. Subsequently, Gail’s leg was placed in a splint, and she received medication for the pain. On April 30, 2003, Gail’s orthopedist replaced the leg splint with a cast, which she wore for over, four weeks. Gail continued taking medication for the pain. After Gail’s cast was removed, she used a wheelchair until she learned through physical therapy how to walk again. Approximately eight months after the robbery, Gail still experienced pain and had difficulty walking. The State charged Woods with robbery resulting in serious bodily injury, a Class A felony.[1] After a bench .trial, the trial court convicted Woods as charged and sentenced him to forty-five years in the Indiana Department of Correction, ten years of which were suspended.

Woods raised four issues on direct appeal, including the sufficiency of the- evidence and the appropriateness of his sentence. We affirmed his conviction and sentence. Id.

[3] On December 19, 2012, Woods filed a pro se petition for post-conviction relief, and he filed an amended petition, by counsel, on September 11, 2013. In his amended petition, Woods alleged that his trial counsel was ineffective when he: failed to introduce certain mitigating evidence at sentencing; and failed to communicate to Woods a guilty plea offer prior to trial. Following a hearing, the post-conviction court denied Woods’ petition. This appeal ensued.

Discussion and Decision

Standard of Review

[4] Woods appeals the post-conviction court’s denial of his amended petition for post-conviction relief. Our standard of review is clear:

[377]*377[The petitioner] bore the burden of establishing the grounds for post-conviction relief by a preponderance of the evidence. See Ind. Posfi-Conviction Rule 1(5); Timberlake v. State, 753 N,E.2d 591, 597 (Ind.2001). Post-conviction procedures do not afford a petitioner with a super-appeal, and not all issues are available, Timberlake, 753 N.E.2d' at 597. Rather, subsequent collateral challenges to convictions must be based' oh grounds enumerated in the post-conviction rules. Id, If an issue was known and available, but not raised on direct appeal, it is waived. Id. If it was raised on appeal, but decided adversely,dt is res judicata. Id.
In reviewing the judgment of a post-conviction court, appellate courts consider only the evidence and reasonable inferences supporting the post-conviction court’s judgment. Hall v. State, 849 N.E.2d 466, 468 (Ind.2006). The post-conviction court is the sole judge of the evidence and the ■ credibility of the witnesses. Id. at 468-69. Because he is now appealing from a negative judgment, to the extent his appeal turns on factual issues [the petitioner] must convince this court that the evidence as a whole leads unerringly and. unmistakably to. a, decision opposite that reached by the post-conviction court. See Timberlake, 753 N.E.2d at 597. We will disturb the decision only if the evidence is without conflict and leads only to a conclusion contrary to the result of the post-conviction court. Id.

Lindsey v. State, 888 N.E.2d 319, 322 (Ind.Ct.App.2008), trans. denied.

[5] Further, the post-conviction court in this case made findings of fact and conclusions of law in accordance with Indiana Post-Conviction Rule 1(6). “Although we do not defer to the post-conviction court’s legal conclusions, ‘[a] post-conviction court’s findings and judgment will be reversed only upon a showing of clear error — that which leaves us with a definite and firm conviction that a mistake has been made.’” Overstreet v. State, 877 N.E.2d 144, 151 (Ind.2007) (citation omitted).

[6] Woods contends that he was denied the effective assistance of trial counsel in violation of the Sixth Amendment to the United States Constitution. A claim of ineffective assistance of counsel must satisfy two components. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). First, the defendant must show deficient performance: representation that fell below, an objective standard of reasonableness, committing errors so serious that the defendant did not have the “counsel” guaranteed by the Sixth Amendment. Id. at 687-88, 104 S.Ct, 2052. Second, ‘the defendant must show prejudice: a reasonable probability (i.e., a probability sufficient to undermine confidence in the outcome) that, but for counsel’s errors, the result of the proceeding would have been different. Id. at 694, 104 S.Ct. 2052.

Deficient Performance

[7] Woods contends that his trial counsel’s performance was deficient in two respects. However, because we find one of Woods’ allegations dispositive on appeal, we need only address whether his trial counsel was ineffective when he did not communicate to Woods a guilty plea offer from the State. In particular, Woods presented evidence to the post-conviction court, without objection, that, on June 23, 2003,2 John Maciejczyk, the prosecutor, [378]*378sent a signed and dated letter, on official letterhead, to R. Brent Zook, Woods’ defense counsel,. proposing the , following plea:3

1. In 03FA100,t4:i the Defendant will plead guilty to Count I, Robbery, as a Class B Felony.
2. In 03FB090 [sic], the Defendant will plead guilty to Count II, Auto Theft, a Class D Felony and Count III, Possession of Cocaine, a Class D Felony.
3. In 03FB090 [sic], the the [sic] state will dismiss Count I, Carjacking, a Class B felony.
4. The Court will otherwise be free to impose whatever sentence it deems appropriate.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of New Hampshire v. Keith C. Fitzgerald
Supreme Court of New Hampshire, 2020
Todd Daniels v. State of Indiana (mem. dec.)
Indiana Court of Appeals, 2019
Roy Bessler v. State of Indiana (mem. dec.)
Indiana Court of Appeals, 2019
Robert White v. State of Indiana (mem. dec.)
Indiana Court of Appeals, 2017
Corey Middleton v. State of Indiana
64 N.E.3d 895 (Indiana Court of Appeals, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
48 N.E.3d 374, 2015 Ind. App. LEXIS 773, 2015 WL 9478052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derrell-woods-v-state-of-indiana-indctapp-2015.