Merida v. State
| Decision Date | 09 January 1979 |
| Docket Number | No. 1277S820,1277S820 |
| Citation | 270 Ind. 218,383 N.E.2d 1043 |
| Parties | Ike Junior MERIDA, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Jack R. Shields, Batesville, for appellant.
Theo. L. Sendak, Atty. Gen., Alembert W. Brayton, Deputy Atty. Gen., Indianapolis, for appellee.
Appellant was convicted of second degree murder and was sentenced to a term of 15-25 years imprisonment. He advances one argument in this appeal: That his trial counsel was incompetent.
Dull v. State (1978) Ind., 372 N.E.2d 171, 173.
Isolated instances of poor strategy, bad tactics, or mistakes do not constitute ineffective counsel unless, taken as a whole, the record shows that the trial was reduced to a mockery of justice. Blackburn v. State (1973) 260 Ind. 5, 291 N.E.2d 686.
As an alternative argument, appellant contends our review standard should be changed to one of "reasonably competent assistance of counsel." We recently considered this very question and declined to alter the rule. Cottingham v. State (1978) Ind., 379 N.E.2d 984. The present review standard adequately insures that criminal defendants receive competent legal counsel. We see no compelling reason to modify it.
Appellant attempts to argue that the fact that his counsel was not admitted to the Indiana bar (although he was admitted in Ohio) per se makes him incompetent to practice criminal law in Indiana without local counsel. We rejected that contention in Maldonado v. State (1976) 265 Ind. 492, 355 N.E.2d 843. In fact, the record in the case at bar seems to indicate just the opposite. Appellant's attorney, Harvey B. Woods, was admitted to the Ohio bar in 1953 and has practiced in Cincinnati continuously since that time. He specializes in criminal practice and spends 2-3 days per week in court. Besides handling numerous homicide, felony and capital cases in Ohio, he has also litigated numerous homicide, felony, fraud, and divorce cases in Indiana. He has tried cases in Kentucky, Virginia, Michigan, California, and in the federal courts.
Woods first met with appellant a few days before the arraignment and talked with him for about one hour. He then appeared at appellant's arraignment and conferred with the trial judge and the prosecutor concerning the case. At that time, the possibility of obtaining local counsel was discussed; but prior to trial, the parties stipulated that appellant did not desire local counsel. Woods' pre-trial preparation included two conferences with the prosecutor, several conferences with appellant's family, views of the scene of the alleged offense, interviewing prospective witnesses, and considerable library work. He also had two more pre-trial conferences with appellant to discuss the case.
At trial, Woods conducted voir dire and moved for a separation of witnesses. A perusal of the transcript shows that he registered numerous objections to the State's questions and to evidence introduced, and on several occasions he argued the merits of his objections. At the close of the State's evidence, he moved for a directed verdict of acquittal, and when the motion was overruled proceeded to call and examine eight defense witnesses. He objected to certain instructions given by the court. He appeared with appellant at his sentencing and later conferred with the family regarding a possible appeal. On the last day within the...
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Burris v. State
...is deemed to be adequate, unless the record reflects that the trial was reduced to a mockery of justice. E.g., Merida v. State, (1979) Ind. , 383 N.E.2d 1043. Nelson v. State, (1980) 272 Ind. 692, 696, 401 N.E.2d 666, 669. The defendant contends that this standard of review does not conform......
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Kimble v. State
...is deemed to be adequate, unless the record reflects that the trial was reduced to a mockery of justice. E.g., Merida v. State, (1979) , 383 N.E.2d 1043." 401 N.E.2d at 669 A. First, appellant claims that counsel did not effectively assist him at trial because he failed to object to the fol......
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Nelson v. State, 179S29
...is deemed to be adequate, unless the record reflects that the trial was reduced to a mockery of justice. E. g., Merida v. State, (1979) Ind., 383 N.E.2d 1043. While at Gary police headquarters, shortly after the rapes and abduction, the victim was inadvertently led past the "booking room," ......
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Engle v. State
...is deemed to be adequate, unless the record reflects that the trial was reduced to a mockery of justice. E.g., Merida v. State, (1979) Ind. , 383 N.E.2d 1043. Nelson v. State (1980), 272 Ind. 692, 696, 401 N.E.2d 666, Appellant contends that his defense counsel was incompetent for the follo......