Preview:

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Dec 30 2011, 9:18 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: DAVID E. SCHALK Bloomington, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana ANN L. GOODWIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
GEORGE FOOTE, JR., Appellant-Petitioner, vs. STATE OF INDIANA, Appellee-Respondent. ) ) ) ) ) ) ) ) )

No. 28A04-1102-PC-140

APPEAL FROM THE GREENE CIRCUIT COURT The Honorable Erik C. Allen, Judge Cause No. 28C01-0909-PC-141

December 30, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary After George Foote, Jr. ("Foote") initiated a direct appeal of his convictions for two counts of Child Molesting, both as A felonies,1 and two counts of Incest, one as a B felony and one as a C felony,2 he filed a voluntary motion to dismiss his appeal so that he could initiate a Davis/Hatton procedure.3 We granted his motion to dismiss and thereafter Foote filed three petitions for post-conviction relief. These petitions were denied. Foote now appeals the denial of his petitions for post-conviction relief and raises two issues for our review, which we restate and consolidate into the following single issue: whether he was denied the effective assistance of trial counsel. Foote raises no issue on direct appeal. We affirm. Facts and Procedural History Foote and his wife, Karen Foote ("Karen"), had two daughters, J.F. and B.F. J.F. was born on December 20, 1990 and B.F. was born on December 17, 1991. In 2004, Karen traveled to Florida to attend her mother's funeral. While Karen was away, Foote forced the girls to perform several sexual acts. He put his mouth on J.F.'s vagina, put his finger in her

Ind. Code

Download George Foote, Jr. v. State of Indiana.pdf

Indiana Law