Thacker v. State

715 N.E.2d 1281, 1999 Ind. App. LEXIS 1496, 1999 WL 729164
CourtIndiana Court of Appeals
DecidedSeptember 20, 1999
DocketNo. 55A01-9903-PC-87
StatusPublished
Cited by17 cases

This text of 715 N.E.2d 1281 (Thacker v. State) 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
Thacker v. State, 715 N.E.2d 1281, 1999 Ind. App. LEXIS 1496, 1999 WL 729164 (Ind. Ct. App. 1999).

Opinion

[1283]*1283OPINION

BAKER, Judge

Appellant-petitioner James Thacker appeals the denial of his petition for post-conviction relief, claiming ineffective assistance of counsel. Specifically, Thacker asserts that his conviction must be reversed because appellate counsel did not challenge his trial counsel’s failure to properly object to the alleged improper admission of hearsay testimony at trial.

FACTS

On June 25, 1994, several police officers from the Martinsville Police Department proceeded to a residence in response to a report regarding an injured person. When the police arrived, Thacker, who was living with Carol Strader, was standing outside the residence and waving his arms. Officer David Chatten entered the home and found Strader lying face down in a bed. Officer Chatten noticed that Strader had multiple bruises all over her body and blood on her chin. Officer Chatten also observed a quantity of bloody rags strewn about the residence.

Immediately thereafter, Strader was transported to a hospital where she appeared to be in a coma. Thacker appeared at the hospital and told several individuals that Strader had fallen. After one of the attending physicians determined that Strader was suffering from a large subdural hematoma on her brain, surgery was performed to stop the internal bleeding. Although Strader survived her injuries, she was ultimately placed in a nursing home as a result of the brain damage she sustained from her injuries.

In September, 1994, the State charged Thacker with Aggravated Battery and with being an habitual offender. At trial, Strader testified that she was unable to remember how she was injured. However, Detective Frans Hollanders, of the Martinsville Police Department, was permitted to testify that he had interviewed Strader on July 27, 1994 at the nursing home. While Strader was unable to talk because of a tracheotomy tube, Detective Hollanders testified that Strader knew who he was and was able to respond to his questions by nodding her head. Detective Hollanders testified that he asked Strader if Thacker was the reason she was in the hospital and whether Thacker had hit her. Detective Hollanders acknowledged that Strader nodded her head “yes” to both questions. Throughout the course of the trial, Thacker denied hitting Strader.

Thacker’s defense counsel objected to the detective’s testimony on hearsay grounds and argued that the State had failed to lay a proper foundation for its admissibility. The State responded that the testimony was being offered solely for purposes of impeachment as to Thacker’s assertion that Strader’s injuries were the result of a fall. The trial court overruled the objection and Thacker subsequently moved for a mistrial which was denied. The trial court then gave the following limiting instruction which was as follows:

Ladies and gentlemen of the jury, the testimony you have just heard from Detective Frans Hollanders has been received and should be considered solely on the issue of whether the defendant caused injury to Carol Strader on June 25, 1994 and for no other reason.

R. at 1237. Thacker offered no objection to this instruction.

The jury convicted Thacker as charged, and the trial court subsequently sentenced him to twenty years for battery and enhanced that sentence by thirty years for being an habitual offender. Thacker then appealed his conviction and sentence to this court, which we "affirmed in an unpublished memorandum decision. Thacker v. State, 671 N.E.2d 208 (1996).1 Thereafter, on October 7, 1998, Thacker filed an amended petition for post-conviction relief,2 claiming that he was denied effective assistance of counsel because appellate counsel did not argue on direct appeal that trial counsel had failed to properly object to Detective Hollanders’ testimony regarding the statement that Strader had made at the hospital. Thus, Thacker contended that had the out-of-court state[1284]*1284ments been excluded from the evidence, the outcome would have been different, inasmuch as the identity of Strader’s attacker was a primary issue at trial. Record at 44.

Following a hearing on Thacker’s petition which commenced on December 18,1998, the trial court denied his request for relief. Thacker now appeals.

DISCUSSION AND DECISION

A. Standard of Review

A petitioner must establish the grounds for post-conviction relief by a preponderance of the evidence. Sada v. State, 706 N.E.2d 192, 197 (Ind.Ct.App.1999); see also Ind. Post-Conviction Rule 1(5). On appeal from the denial of a petition for post-conviction relief, we neither reweigh the evidence nor judge the credibility of the witnesses. Montano v. State, 649 N.E.2d 1053, 1056 (Ind.Ct.App.1995), trans. denied. To prevail on appeal from the denial of post-conviction relief, the petitioner must show that the evidence is without conflict and leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court. Spranger v. State, 650 N.E.2d 1117, 1119 (Ind.1995).

When asserting a claim of ineffective assistance of counsel, Thacker must demonstrate that his counsel’s performance was sufficiently deficient and that prejudice resulted from the deficiency. Bouye v. State, 699 N.E.2d 620, 623 (Ind.1998) (citing Strickland v. Washington, 466 U.S. 668, 689, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)). Thacker is required to show that the identified acts of counsel were outside the wide range of professionally competent assistance. Brown v. State, 698 N.E.2d 1132, 1139 (Ind.1998).

In addition, to satisfy the prejudice component of the test announced in Strickland, a claimant must demonstrate that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Williams v. State, 706 N.E.2d 149, 154 (Ind.1999). Thus, Thacker must show that counsel’s errors were so serious as to deprive him of a fair trial or a trial whose result is reliable. Bouye, 699 N.E.2d at 623.

Finally, we note that the two prongs of the Strickland test are separate and independent inquiries. Thus, “[i]f it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice ... that course should be followed.” Williams, 706 N.E.2d at 154. As a result, this court may determine the prejudice prong first without inquiring into whether counsel’s performance was adequate. Id.

B. Thacker’s Claims

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Bluebook (online)
715 N.E.2d 1281, 1999 Ind. App. LEXIS 1496, 1999 WL 729164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thacker-v-state-indctapp-1999.