Terry Austin v. State of Indiana (mem. dec.)
30A01-1511-PC-1998
| Ind. Ct. App. | Aug 24, 2016Background
- Terry Austin, a Greenfield Police lieutenant, provided IDACS (driver) information about his ex-wife Koleki Wright to multiple officers and offered a $200 steak gift card to the first officer who would arrest/impound her for driving with a suspended license.
- Austin sent the information and offers via Facebook, text messages, and phone calls to officers Brady, Fox, Garner, and others; some officers did not act and reported the conduct.
- Dispatch personnel overheard Austin admit the offer at the county emergency operations center; an investigation by Indiana State Police followed.
- Austin was interviewed, waived Miranda, and admitted offering the gift card; he was convicted by a jury of bribery and official misconduct; convictions were affirmed on direct appeal.
- In post-conviction proceedings Austin claimed ineffective assistance of trial counsel based on counsel’s failure to move to suppress text messages obtained from his phone under a search warrant. The post-conviction court denied relief, finding counsel reasonably chose not to move to suppress; Austin appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not moving to suppress cell‑phone text messages | Austin: counsel was deficient for failing to file a suppression motion, so improperly admitted texts prejudiced the outcome | State: counsel made a reasonable strategic choice not to suppress because other direct evidence (witness statements and Austin’s admissions) would have established the same facts | Court: Counsel’s decision was a reasonable strategy; performance not deficient and no prejudice under Strickland; post‑conviction relief denied |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established two‑prong ineffective assistance standard: performance and prejudice)
- Timberlake v. State, 753 N.E.2d 591 (post‑conviction burden and waiver/res judicata principles)
- Pryor v. State, 973 N.E.2d 629 (trial strategy not subject to judicial second‑guessing)
- Hall v. State, 849 N.E.2d 466 (post‑conviction review limited to evidence supporting the court's judgment)
- Lindsey v. State, 888 N.E.2d 319 (standard for appellate review of post‑conviction factual findings)