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White v. Superintendent
United States District Court, N.D. Indiana, South Bend Division
November 3, 2016
JERRY D. WHITE, Petitioner,
OPINION AND ORDER
T. MOODY JUDGE
D. White, a pro se prisoner, filed a petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2254
challenging his 2007 convictions for attempted murder and
criminal confinement in Elkhart County. State v.
White, 20C01-0701-FA-1. In deciding the petition, the
Court must presume the facts set forth by the state courts
are correct. 28 U.S.C. § 2254(e)(1). On appeal from the
denial of post-conviction relief, the Indiana Court of
Appeals set forth the facts surrounding White's offenses
On the night of January 19, 2007, Kimberly Walker and her
sister, Pamela Walker, returned to Kimberly's residence.
Kimberly was with her four children, Ja.W., Ju.W., Ky.W., and
Ka.W.; and Pamela was with her two children, N.T. [ ] and
J.J., and her boyfriend, Lathie Turnage. Unbeknownst to
anyone in the group, White, the father of Kimberly's
children, was in the house. White used to live in the
residence with Kimberly and the children, but Kimberly had
asked White to move out in November or December of 2006.
Turnage, Pamela, and N.T. went into the front bedroom to lie
down. A few minutes later, White entered the front bedroom,
turned on the light, and told the three to come out of the
room. After Pamela objected, White pulled out a handgun and
repeated his demand. Pamela grabbed N.T. and began to exit
the room, and Turnage began to get out of bed. White fired at
Turnage, but missed. White then moved closer to Turnage and
fired again, this time striking Turnage in the left temple.
Turnage fell back into the wall and then slumped to the
Pamela began to run to the front door with N.T., but came
back because she realized that White was with J.J. White was
still holding a gun and waving it around. White instructed
Pamela to sit on a couch, and she complied. Kimberly, Ka.W.,
and Ky.W. were also on the couch. Ja.W. and Ju.W. were on the
floor in front of the couch in their sleeping bags. White
collected cell phones. At some point, J.J. attempted to leave
out the back door, but White demanded that he not leave the
At some point during the night, Turnage made a noise, and the
group realized that he was not dead. Throughout the rest of
the night and following morning, Pamela asked if she could
get help for Turnage. White denied her requests.
Around 10:00 a.m. the following morning, White took Kimberly
and their four children to a motel, where they stayed until
January 23, when police discovered their location and
apprehended White. As soon as White left the residence,
Pamela called 911. Emergency responders transported Turnage
to the hospital. Turnage survived, but suffered what appears
to be permanent blindness.
The State ultimately charged White with attempted murder for
shooting Turnage; four counts of Class B felony confinement,
two with regard to Kimberly, and one each with regard to
Pamela and Turnage; two counts of Class C felony confinement
with regard to J.J. and N.T.; and two counts of Class D
felony confinement with regard to Ju.W. and Ja.W.
On November 26 through 28, 2007, the trial court held a jury
trial, at which the jury found White guilty of all counts.
* * *
The trial court then sentenced White to consecutive terms of
fifty years for attempted murder, twenty years for one count
of Class B felony confinement, and ten years for one count of
Class B felony confinement. The trial court also sentenced
White to concurrent terms of twenty years for a third count
of Class B felony confinement, eight years for each count of
Class C felony confinement, one and one-half years for each
count of Class D felony confinement. The trial court found
that the fourth count of Class B felony confinement merged
with another count, and declined to enter judgment on that
White v. State, No. 20A03-0803-CR-115, slip op. at
2-5 (Ind.Ct .App. July 29, 2008), trans. denied.
White appealed, challenging the sufficiency of the evidence
and the appropriateness of his sentence. A panel of this
Court affirmed his convictions and sentence. [The Indiana
Supreme Court denied transfer on September 18, 2008. Ex. C.].
Next, [On September 10, 2009] White filed a petition for
post-conviction relief. [Ex. A at 4]. The court held a
hearing, at which White was represented by counsel. The ...
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