Pierce v. Vanihel

Dist. Ct. did not err in denying defendant’s habeas petition that challenged his convictions for felony child molestation and being repeat sexual offender with respect to 10-year-old daughter of defendant’s fiancée, even though defendant argued that his trial counsel was ineffective for failing to object to witness testimony that had violated Indiana “drumbeat” evidentiary rule. While “drumbeat rule” required that victim testify as to her version of events prior to other witnesses testifying as to victim’s out-of-court statements, and trial court had failed to object to other witnesses testifying to victim’s out-of-court statements prior to victim’s testimony, Court of Appeals, found that state court holding that trial counsel's failure to object to sequence of said witnesses testimony was strategic tactic supported by record. In this regard, trial counsel wanted jury to hear victim’s different versions of events as portrayed by other witnesses in order to paint victim as liar. Moreover, state court could properly find that trial counsel was familiar with “drumbeat rule,” and thus made strategic decision to allow instant sequence of testimony.