Karr v. Sevier

Dist. Ct. did not err in denying defendant’s habeas petition that challenged his rape and domestic battery conviction on ground that his trial counsel was ineffective by failing to investigate victim’s medication use and by failing to introduce evidence as to whether defendant used his cell phone during sexual assault as victim claimed. While defendant maintained that had his trial counsel explored victim’s medication use during trial, he could have impeached victim with respect to her recollection of events, trial counsel could properly make reasonable strategic decision not to obtain victim’s medical records, where: (1) victim indicated that any drug consumption did not affect her ability to recall defendant’s assaults; and (2) record showed that victim’s thoughts and speech were clear on night of assaults and during her later conversations with police. Ct. further observed that even if forensic analysis of defendant’s cell phone had been presented at trial, such testimony would not have necessarily been contrary to victim’s testimony and would not have changed outcome of trial. Also, defendant procedurally defaulted six claims of ineffective assistance of counsel, where defendant failed to previously raise them in Indiana state court, and exception to default rule did not apply, since all six claims were not “substantial,” where each claim was either vague, conclusory or underdeveloped.