Steele v. State, 03S00-8601-CR-103
| Citation | 536 N.E.2d 292 |
| Decision Date | 11 April 1989 |
| Docket Number | No. 03S00-8601-CR-103,03S00-8601-CR-103 |
| Parties | Wade A. STEELE, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
| Court | Supreme Court of Indiana |
C. Richard Marshall, Marshall, Thomasson & Garber, Columbus, for appellant.
Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant Wade A. Steele was found guilty of murder, theft, and robbery. In this direct appeal he seeks reversal of his convictions, claiming ineffective assistance of counsel due to allegedly inadequate preparation and conduct of trial. The issue was raised in the defendant's motion to correct errors, pursuant to which an evidentiary hearing was held. The defendant now claims the following failures of trial counsel: (a) not spending enough trial preparation time with the defendant; (b) not investigating and obtaining proof of the defendant's claim that he called the local hospital to report the whereabouts of the presumed injured but not dead victim; (c) not hiring an alcohol/drug expert regarding the effect of alcohol and drugs on the defendant's state of mind at the time of the crime; and (d) not investigating a post-crime automobile accident.
Reversal for ineffective assistance of counsel is appropriate in cases where a defendant shows both (a) that counsel's performance fell below an objective standard of reasonableness, and (b) that said deficient performance so prejudiced the defendant as to deprive him of a fair trial. Strickland v. Washington (1984), 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674. A claim of ineffective assistance must identify the claimed errors of counsel, so that the court may determine whether, in light of all circumstances, the counsel's actions were outside the range of professionally competent assistance. The proper measure of attorney performance is reasonableness under prevailing professional norms. It shall be strongly presumed that counsel rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment. Judicial scrutiny of counsel's performance is highly deferential and should not be exercised through the distortions of hindsight. Isolated poor strategy, inexperience, or bad tactics do not necessarily amount to ineffectiveness of counsel. If deficient performance of counsel can be proven, the defendant must further show a reasonable probability that it altered the outcome of the case. Strickland, supra; Chupp v. State (1987), Ind., 509 N.E.2d 835; Burr v. State (1986), Ind., 492 N.E.2d 306; Price v. State (1985), Ind., 482 N.E.2d 719; Jackson v. State (1985), Ind., 483 N.E.2d 1374; Seaton v. State (1985), Ind., 478 N.E.2d 51.
At the hearing on his motion to correct errors, the defendant testified that he had very little contact with his attorney until two days before the trial, at which time he met with his attorney for about 1 1/2 hours. He claims that previous meetings at his arraignments were merely perfunctory in nature. He characterizes the meeting two days before trial and a meeting the next day as the only meaningful opportunities to discuss the trial strategy, tactics, and witnesses for his defense. He contends that during these meetings he informed his attorney for the first time of possible corroborating witnesses or incidents which would bolster his story at trial. He also claims...
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Palmer v. State
...resulted in prejudice to the defendant. Strickland v. Washington (1984) 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674; Steele v. State (1989) Ind., 536 N.E.2d 292. The requisite showing is met here. Palmer's trial counsel testified that he could not recall whether he knew the voluntary mansl......
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Potter v. State
...Next, a defendant must show that the substandard performance was so prejudicial as to deny the defendant a fair trial. Steele v. State, 536 N.E.2d 292 (Ind.1989). A defendant is denied a fair trial only when a conviction occurs as the result of a breakdown in the adversarial process renderi......
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Marshall v. State, 49A05-9203-CR-89
...representation was deficient and 2) the deficient performance so prejudiced Marshall that he was deprived of a fair trial. Steele v. State (1989), Ind., 536 N.E.2d 292. We will not reverse unless it is established that, but for counsel's errors, the result of the proceeding would have been ......