Jones v. Brown

Dist. Ct. did not err in denying defendant’s habeas petition challenging his murder conviction on ground that his trial counsel was ineffective for failing to seek suppression of clothing linking defendant to crime scene that defendant had given to police after his arrest, where defendant argued that said evidence was obtained in violation of Indiana Constitution. There is no federal right to counsel prior to defendant’s consent to search his property, even if suspect is in custody, and Indiana case law that recognizes such right under Indiana Constitution did not apply where instant police request for defendant’s shoes and clothing was limited in scope and was only minimally intrusive. Similarly, defendant failed to establish any prejudice to counsel’s failure to seek suppression of said clothing and/or his inculpatory statements made after he tendered said clothing, where: (1) suppression motion would have been denied; (2) defendant conceded that he had been at crime scene; and (3) defendant failed to show that his statements were product of unlawful seizure.