985 N.E.2d 739
Ind. Ct. App.2013Background
- Fredrick Laux was convicted of murder and burglary in Indiana; he received life without parole after a capital-eligible verdict during the penalty phase.
- During penalty, doctors testified on mental health; experts diagnosed major depression and antisocial personality disorder.
- Laux argued ineffective assistance of trial and appellate counsel for multiple penalty-phase and trial-phase issues.
- Post-conviction court denied relief, finding no deficient performance by either trial or appellate counsel.
- Laux appealed, challenging juror questioning, admission of victim-impact evidence, other trial evidentiary issues, penalty-phase preparation, and appellate strategy.
- Indiana Supreme Court affirmed the post-conviction court’s denial of relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for juror questioning | Laux | State | No reversible error; juror not biased; voir dire adequate. |
| Objecting to victim impact and non-statutory evidence | Laux | State | Evidence not considered non-statutory for LWOP; error not shown. |
| Penalty-phase preparation and mitigation presentation | Laux | State | Counsel’s strategy reasonable; not deficient or prejudicial. |
| Prosecutorial misconduct claim | Laux | State | No misconduct proven; arguments not prejudicial. |
| Appellate counsel and fundamental error doctrine | Laux | State | Appellate counsel not deficient; direct appeal strategy within reason. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes standard for ineffective assistance of counsel)
- Timberlake v. State, 690 N.E.2d 243 (Ind. 1997) (mitigation strategy in penalty phase)
- Prowell v. State, 741 N.E.2d 704 (Ind. 2001) (timeliness of mental health evaluation; expert preparation)
- Harrington, 131 S. Ct. 1981 (U.S. 2011) (presumed effectiveness; post-judgment strategy)
- Bieghler v. State, 690 N.E.2d 188 (Ind. 1997) (standard for reviewing post-conviction claims)
- Cooper v. State, 854 N.E.2d 831 (Ind. 2006) (limits on aggravators andLWOP sentencing)
- Pruitt v. State, 903 N.E.2d 899 (Ind. 2009) (prejudice prong in Strickland analysis)