State v. Moore

678 N.E.2d 1258, 1997 Ind. LEXIS 42, 1997 WL 195396
CourtIndiana Supreme Court
DecidedApril 23, 1997
Docket29S00-9008-PD-543
StatusPublished
Cited by130 cases

This text of 678 N.E.2d 1258 (State v. Moore) 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
State v. Moore, 678 N.E.2d 1258, 1997 Ind. LEXIS 42, 1997 WL 195396 (Ind. 1997).

Opinion

BOEHM, Justice.

The State of Indiana appeals from a grant of posteonviction relief to petitioner Richard D. Moore. The posteonviction court vacated Moore’s 1980 guilty plea for three counts of murder, and also the accompanying death sentence, on the ground that Moore had been denied his Sixth Amendment right to effective assistance of counsel and also because his plea was not voluntary. The State appeals only the reversal of the conviction. We hold that Moore’s counsel was not ineffective at the guilt stage and that the posteonviction court therefore clearly erred in setting the conviction aside. We also hold that as a matter of law Moore’s plea was not involuntarily given. Accordingly, we reinstate Moore’s conviction for three counts of murder and remand for a new sentencing hearing.

*1261 Factual & Procedural Background

This case arose out of events that took place in Indianapolis on the night of November 6, 1979. Moore and his former wife, Rhonda Caldwell, had recently divorced. Moore went to her house that evening, where she was living with her parents. A domestic quarrel, beginning with a verbal clash, quickly led to violence. Before the night was out, Moore had shot and killed Caldwell, her father, and Indianapolis police officer Gerald F. Griffin, who had been called to the scene to investigate the dispute. Caldwell’s mother was also shot but survived to give a statement used at the sentencing phase of Moore’s prosecution. On November 7, 1979, the State charged Moore by information with the murder of Caldwell, her father, and Griffin, as well as with several counts of attempted murder and criminal confinement. The State also stated that it intended to seek the death penalty for Moore.

On August 25, 1980, the day his trial was scheduled to begin, Moore pleaded guilty without a plea agreement to three counts of murder. The State moved to dismiss the remaining charges four days later. On October 24, 1980, after a three-day sentencing hearing, the trial judge sentenced Moore to death. Moore’s conviction and death sentence were affirmed on direct appeal. Moore v. State, 479 N.E.2d 1264 (Ind.1985). Moore petitioned for postconviction relief in 1986. On May 15, 1995, the postconviction court vacated the conviction and death sentence. In this appeal, the State challenges the decision to set aside the conviction but does not contest the reversal of the death sentence.

Standard of Review

As recently reiterated in State v. Van Cleave, 674 N.E.2d 1293 (Ind.1996), petition for reh’g filed, review of a judgment granting posteonvietion relief is governed by Indiana Trial Rule 52(A). In sum, as to factual determinations “[w]e reverse only upon a showing of clear error — that which leaves us with a definite and firm conviction that a mistake has been made.” Id. (internal quotation marks omitted) (citing Spranger v. State, 650 N.E.2d 1117, 1119 (Ind.1995), reh’g denied). As Spranger explained, “clear error” review requires the appellate court to assess whether “there is any way the trial court could have reached its decision.” Spranger, 650 N.E.2d at 1120. In this review, we defer substantially to findings of fact but not to conclusions of law.

I. Ineffective Assistance of Counsel

To prevail on a claim of ineffective assistance of counsel, the defendant must show two things: (1) counsel’s performance fell below an objective standard of reasonableness based on prevailing professional norms; and (2) there is a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In adjudicating claims under the first prong of Strickland, it is presumed that counsel exercised reasonable professional judgment in making important decisions; accordingly, we scrutinize the handling of the case with great deference. Counsel’s conduct is assessed based on facts known at the time and not through hindsight. And rather than focusing on isolated instances of poor tactics or strategy in the management of a case, the effectiveness of representation is determined based on the whole course of attorney conduct. Finally, although egregious errors may be grounds for reversal, we do not second-guess strategic decisions requiring reasonable professional judgment even if the strategy or tactic, in hindsight, did not best serve the defendant’s interests. See, e.g., Butler v. State, 658 N.E.2d 72, 78-79 (Ind. 1995); Spranger, 650 N.E.2d at 1121. For the second part of the Strickland test — the “prejudice” prong — Van Cleave recently clarified that to prevail on a claim of ineffective assistance of counsel in the guilty plea setting, the defendant must show not only a willingness to go to trial but for counsel’s errors, but a reasonable probability that the result (a conviction) would have been different.

Here, the postconviction court made detailed findings on the reasonableness of Moore’s counsel’s performance at both the guilt and penalty stages, and pointed to several aspects of this assistance in setting the guilty plea aside. We accept these factual *1262 findings but ascribe different legal significance to them. Much of the allegedly unreasonable performance bore not on the guilt phase but on the outcome at sentencing, an issue not before us in this appeal. We conclude for the reasons elaborated below that counsel’s conduct pertaining to the guilt phase, while not perfect, was within the range of reasonable competent assistance required by the Sixth Amendment.

A. Failure to request a second change of vemie.

In finding that Moore’s trial counsel had been constitutionally ineffective, the postcon-viction court largely relied on counsel’s misunderstanding of the law of venue. The alleged murders in this case took place in Marion County where Moore was first charged with the crimes. Moore and the State stipulated to a change of venue to Hamilton County and the case was transferred there on January 10, 1980. Moore’s original trial counsel withdrew on March 13, 1980. Wilmer Goering, a Hamilton County lawyer then in private practice, was appointed to represent Moore. Goering wrongly believed that the case had to be tried in Hamilton County. In fact, as the postconvietion court concluded, Goering could have sought a second change of venue upon a proper showing of community bias and prejudice against Moore. However, no such motion was ever filed.

In formulating a defense strategy, Goering was acutely aware of the racial overtones of the case: Hamilton County in 1980 had, and still today has, few minority residents. Moore is African-American 'and the three victims were Caucasian.

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Cite This Page — Counsel Stack

Bluebook (online)
678 N.E.2d 1258, 1997 Ind. LEXIS 42, 1997 WL 195396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moore-ind-1997.