WAYNE A. CAMPBELL, Appellant (Petitioner below),
STATE OF INDIANA, Appellee (Respondent below)
Appeal from the Crawford Circuit Court, No. 13C01-0606-PC-3. The Honorable Larry R. Blanton, Special Judge.
On Petition To Transfer from the Indiana Court of Appeals, No. 13A05-1304-PC-201.
Wayne A. Campbell, APPELLANT, Pro se, Michigan City, Indiana.
ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana, Justin F. Roebel, Deputy Attorney General, Indianapolis, Indiana.
Rucker, Justice. Rush, C.J., and Dickson, David and Massa, JJ., concur.
Defendant was convicted following a jury trial during which the jury was given a supplemental jury instruction on the definition of " intentionally" after deliberations had begun. Some years later, defendant petitioned for post-conviction relief alleging ineffective assistance of trial counsel, in part, for counsel's failure to object to the instruction. The post-conviction court denied relief. And finding no error we affirm.
Facts and Procedural History
A detailed recitation of the facts is set forth in two published opinions from our Court of Appeals as referenced below. However, a more abbreviated version suffices for our purposes and is as follows. On November 7, 2001 a long-simmering contentious relationship between neighbors, arising out of a property easement dispute, resulted in a physical altercation during which Wayne Campbell entered the home of Jean and Alva Kincaid beating and seriously injuring both. After a standoff with police Campbell was arrested. In 2003, following a jury trial Campbell was found guilty of two counts of attempted murder, burglary resulting in serious bodily injury as a Class A felony, aggravated battery as a Class B felony, and battery as a Class C felony. Campbell appealed raising several claims of error including the propriety of his ninety-year sentence. On Indiana double jeopardy grounds the Court of Appeals remanded the case to the trial court with instructions that Campbell's conviction for Class A felony burglary resulting in bodily injury be reduced to a Class B felony. In all other respects the Court of Appeals affirmed Campbell's convictions and sentence. See Campbell v. State, 820 N.E.2d 711 (Ind.Ct.App. 2005), trans. granted, 831 N.E.2d 743 (Table) (Ind. 2005). Thereafter Campbell filed a pro se petition for post-conviction relief which was amended several times. Among other claims Campbell contended trial counsel rendered ineffective assistance for (i) engaging in improper voir dire examination during jury selection, and (ii) failing to object to a jury instruction regarding the definition of " intentionally." The post-conviction court denied relief. On review Campbell challenged the post-conviction court's judgment concerning the foregoing claims. The Court of Appeals rejected both challenges but acknowledged " some tension" in the case authority concerning the correct statement of the law with respect to the definition of intentionally. See Campbell v. State, 3 N.E.3d 1034, 1041 (Ind.Ct.App. 2014). Campbell seeks transfer which we now grant to address his jury instruction claim. See Ind. Appellate Rule 58(A). In all other respects we summarily affirm the opinion of the Court of Appeals. Additional facts are set forth below as necessary.
Standard of Review for Post-Conviction Proceedings
The petitioner in a post-conviction proceeding bears the burden of establishing grounds for ...