INDEX
&
Table of Authorities
To

* The page numbers refer to original manuscript,
not the 2 Zine Set. The Chapters are the same.

Handbook
For the
Wrongfully
Convicted:

What do you do when the Judicial System fails you
and gives you the shafi?

By: Eric D. Smith (Danachi)
About Eric D. Smith (Danachi) z

Exic was bom on June 7%, 1978. His parents died when he was a
+hild, and he wes adopted. After graduating from hign school in 1997, he
Nent off to his Basie Combat and Advanced Individual Training for the
Jnited States Army Reserves in Fort Jackson, South Carolina. I 2001;
Zric was sl in the Beserves, holding rank of Specialiss (ahe raak below
Sergeant) and was a certificd combat life saver. His military occupational
skl was a 75H (Personal Service Specialist). During this time, Eric had his
own house in Franklin, Indiana, had a good jeb with a finascial company,
ana was a car show promoter and officer for his custom car club. He was
wrongfully arrested and convicted for arson as class B felony. His alleged

irator (who made three different taped statements befose wial) put
the blame all on Eric, and got his friends to help bim do it. There was 1o
evidence, no eyewitnesses, and the motive of Eric wanting revenge for his.
ex-girlfriend not wanting 10 go back out with him (which the alleged co-
conspirator set-up) was contradicted due t0 the ineffective assistance of
rial counsel of the arson in 2001. Eric had known alibis that never got to
testify for him, and now after all this time, Eric has evidence proving the
‘State of Indiana falsified evidence during his jury trial. The only evidence
against Eric was the State’s witness saying “Eric told me he set the fire.”
No one died or got hust in the fire, Eric had never been in trouble before,
and he was seatenced 10 the maximum term of 20 years imprisonment.
“This, when probation could have been given. Eric's arson case was a high
profie case in Indianapolis, Indiana.

Inprison, Eric leamed and self-taught himself the law. He is a
prisoner rights advocate and now an anarchist. Prison officials have
physically and mentally tortured him in retaiation for his legal endeavors.
He is only 5747, 135lbs, and three guards beat him while handcuffed
behind his back, ankle shackled, and connected to a dog leash, breaking his
nose and causing other injuries. In order to undermine his logal endeavors,
the prison officials have unlawfully held him in punitive disciplinary
segregation in the guise of legitimate correctional goals. Eric is sill
fighting his wrongful arson conviction and litigating other civil cases in
prison. Representing himself, Eric has had a lot of success in civil law. Eric
bopes to be released from prisou s000.

Eric D. Smith (Danachi)
D.O.C.No. 112675

MHG-606

‘The GEO Group Inc.

New Castle Correctional Facility
P.0.Box A

New Castle, IN 47362
Index and Table of Authorities 3

A

Abuse of discrétion, Ch. 4 p. 72, 80; Ch 5 p. 92; Ch & p. 98; Ch 7 p. 106,
123:Ch. 12p. 281

Adams v. Gunnell, Ch. 3 p. 37
Affidavit, Ch. 5 p. 89

Alders v. Califoria, Ch. 1p. 14
Allegations,

Factual, Ch. 2 p. 37-28; Ch. 4 p. 54, 57-61, 67-68: Ch. 7 p. 105;
Ch.9p.200: Ch. 11 p. 238239

American Ry, Express v. Kentucky, Ch. 1 p. 8-9; Ch. 4 p. 67; Ch. 6 p. 99;
Ch.11p.246

Admitting Evidence,
Examples of; Ch. 8 p. 136-137
Annotated, Ch. 2 p. 28

Anti-Terrorism and Effective Death Penalty Act, Ch. 11 p. 218

Appeal.
Belated notice of, Ch. 1 p.4

Direct, Ch. 1 p. 13;Ch. 2p. 18

Notice of, Ch. 9 p. 175-176; Ch. 11 p. 262:263

Appellant's Case Summary. Ch. 9 p. 180
Apprendi v. New Jersey, Ch. 4 p. 71" 9

Arguing a case,
The key to, Ch. 10 p. 214

Amnstrong v. Stae, Ch. 8 p. 168-169
Atz v. Bennett, Ch. 2 p. 20; Ch. 4 p. 85; Ch.11 p. 227

Assistance,
Prison legal, Ch. 11p. 258

Alchley v, State, Ch. 9 p. 194
Austin v Wilkinson, Ch. 3 p. 40

Bacher v. State, Ch. 4p 74
Bahm v. State, Ch. 9 p 197
Biehl v. Suate, Ch. 4 p. 74
Blakely v. Washington, Ch. 1 p. 7; Ch. 4 p. 71-72
Bounds v. Smith, Ch. 3 p 46; Ch. 6 p. 102; Ch. 8 p. 145
Sradbum v. State, Ch. 4 p. 81-82, 83
3rady v. Maryland, Ch. 11 p. 250
?fimmcn.ep. 100; Ch.7p. 123;Ch.9 p. 198; Ch. 11 p.
drief,

Alders, Ch. 1 p. 14
$rown v. Payton, Ch. 11 p. 241
clear and convincing evidence, Ch. 11 p. 256-257
preponderance of the evidence, Ch. 7 p. 108109
Strickland, Ch. 7 p. 10111

iness record, Ch. 8 p. 140

[
Calvert v. Wilson, Ch. 8 p. 167-168
Canell v. Lightner, Ch. 3 p. 42-43

Case,

A prima facie, Ch. 7 p. 108
Case Law, Ch.2p. 28
Castellanos vs. U.S., Ch. 11 p. 234
Catlin v, United States, Ch. 9 p. 179

Cause and Prejudice, Ch. 11 p. 232-235
, Ch. 11 p. 263, 265266, 271272

Certificate of Appealabi

Certificate of Service, Ch. 9 p. 178
issippi. Ch 11 p. 248-249

Chambers v. M

Clause,
Compulsory process, Ch. 11 p. 248

Confrontation, Ch. 8 p. 164 ; Ch. 11 p. 248
Due process, Ch. 3 p.32: Ch. 11 p. 248
Clemency, Ch. 12 p. 277,278-279

Coleman v, Thompson, Ch. § p. 01 ; Ch. 6. 95 ; Ch. 11 p. 233234
Conclusions of Law, Ch. 8 p. 149 b

Connecticut Bd. Of Pardons v. Dumschat, Ch. 3 p. 34
Conner v. Sakai, Ch. 3 p. 37
Constitution,

Indiana State,

Aricle 1, section 19 of the, Ch. I p. 8
Anticle 1, section 23 of the, Ch. 1 p. §

Powerful and persuasive arguments of the, Ch. 7. 113
United States,

Fourth Amendment to the, Ch. 11 p. 251

Fifth Amendment o the, Ch. 3 p. 32 ; Ch. 11 p. 250

Sixth Amendment o the, Ch. 1 p. 10; Ch. 11 p. 246, 248, 249, 268

Eighth Amendment to the, Ch. 4 p. 73 ; Ch, 11 p. 260

Founcenth Amendment 10 the, Ch. 1 p.8, 13; Ch. 3 p. 31-32; Ch. 11 p.
246,248, 260

Cosgrove v. Bartolotta, Ch. 11 p. 264

Court Manners, Ch. 8 p. 130-131

Cowherd v, State, Ch. 9 p-195

Counsel,
Appellate, Ch. 1 p. 14-15
Appointment of, Ch. 11 p. 257, 259, 261
Ineffective assistance of, Ch. 1 p. 10, 16 ; Ch. 2 p. 19; Ch. 4
P- 54-55,57-62, 64-65; Ch. 7 p. 109-112; Ch. 10 p. 211-215;
Ch. 11 p. 268
Post-conviction, Ch. 6 p. 95, 97-98

Zradle v. U.S. ex rel. miner, Ch. 11 p 268
Craig v. State, Ch. 9 p. 195
Currie vs. Matesanz. Ch. 11 p. 227
D
Davis v. Litscher, Ch. 11 p. 267
Davis v. State, Ch. 1 p. 17; Ch. 4 p.60-61
D.C. Code Ann. 23:110 (g) (1981), Ch. 11 p. 228
Deane v. State, Ch. 8p. 171
Death penalty,
Receiving a postponement of the, Ch. 11 p. 259:261
Default.

Procedural, Ch. 10 p. 207-208; Ch. 11 p. 232, 252-254. 270
Showing cause for, Ch. 11 p. 233-235

Defense,

Presenting a complete, Ch. 11 p. 248, 255
Direct examination.

Example of s, Ch. 8. 132-135

Disciplinary c

jssion. Ch. 5 p. 94

Disciplinary reports, Ch. 3p. 31,37
Discovery.
Requesting an investigator to aid with, Ch. 7 p. 117
Requesting pauper counsel to aid with, Ch. 7 p. 117
Dretke v. Haley, Ch. 5 p. 91: Ch. 11p.232

Dubiosity,
Contsadictory testimony of, Ch. 1 p. 15
Due process, Ch. 3 p.31, 37, 40
E

Early v. Packer, Ch. 11 p. 239
Emerson v. State, Ch. 9 p. 201
Estelle v. McGuire, Ch. 11 p. 246
Evans v, Stae, Ch. 4 p. 74

Evidence,
clear and convincing, Ch. 11 p. 256-257

examples of admitting, Ch. § p. 136-137

insufficient, Ch. 11 p. 250-51
newly-discovered, Ch. 4 p. 7583 ; Ch. 11 p. 252256
relevant, Ch. 7p. 119

Evidentiary hearing,
Habeas corpus, Ch. 11 p. 252, 259
Post-conviction, Ch. 8

Evitts v. Lucey, Ch. 1 p. 14

Excusable neglect, Ch. 4 p. 84; Ch. 5 p. 90

Execution,
Receiving postponement for a, Ch. 11 p. 259-261

Exhaustion requirement, Ch. 11 p. 231
B
Factors,
Aggravating, Ch. 1 p. 6-7; Ch. 4p.71; Ch. 8. 169
Mitigating, Ch. 1 p. -6
Federal prisoners.
Motion for a new trial for, Ch. 4 p. 75-80
Relief for, Ch. 2 p. 2829; Ch. 11 p.217,224
Felder v. Casey, Ch. 3 p. 50

Felker v. Turpin, Ch. 11 p. 260

ings of fact. Ch. 8 p. 148-149

Final judgment,

Defined, Ch. 9 p. 179
Flores v. Demskie, Ch. 11 p. 267268
Flowers v. State, Introduction p. v
Fox v. State, Ch. 4. 82
Francis v, State, Ch. 8 p. 169
Fundamental miscarriage of ustice,

Example of arguing a, Ch. 11 p. 236-237

Gayle v, Mamn, Ch. 11 p. 234
Good cause, Ch. 5 p. 90, 91 lo
Gray v. Klauser, Ch. 7 p. 121; Ch. 11 p. 248

Gireen v. State, Ch. | P-7:Ch. 4 p. 70, Ch. 8 p. 170

Grev v. Hoke, Ch. 11 p. 233

‘Cognizable issues for, Ch. 11 p. 244, 249.25]
Defined, Ch. 11 p. 215

Federal prisoners', Ch 2 p. 28.29

Granting relief for, Ch. 11 p. 239, 247
‘Grounds for, Ch. 2 p. 25-26; Ch. 11 p. 247-238
How 1o get started on, Ch. 11

Memorandum of law in support of peition for writ of, Ch. | | ».
240241

Obstacles with, Ch. 11 p, 217

Successive peitions for, Ch. 11 p. 259 Ch. 12 p. 276

Halkies v. Gary National Bank, Ch. 7 p.112

Hall v. Stoae, Ch. 3 p. 50
Harding v. Stemes, Ch. 11 p. 242
Hardship,

Atypical and significant, Ch. 3 p. 38

darmelin v. idichigan, Ch. 4 p. 72
Harmless error, Ch. 6 p. 99-100; Ch. 7 p. 125, LN 8 p. 10102 e
27
"

Harington v. Califoria, Ch. 8 p. 165
Harris v. McAdory, Ch. 10p. 208
Hatton v. State, Ch. 1p. 17
Hearsay,
Admissible, Ch. 7 p. 120
Defined, Ch. 7 p. 118-119; Ch. 8 p. 163
Exceptions to, Ch. 7 p. 1190120, 121; Ch. 8. 139-140, 164
Relevant, Ch. 7p. 119
Herrera.v. Collins, Ch. 11 p. 250,252 Ch. 12p.277-278
Hewittv. Helm, Ch. 3. 33
Hill v. Lockhart, Ch. 9 p. 203
Hillv, US., Ch. 2 p. 26; Ch. 11 p. 216,245
Hillman v. State, Ch. 7p. 114

Hollins v. State, Ch. 9 p. 195

Holmes v. South Carolina, Ch. 11 p. 248,255
House v. Bell, Ch. 11 p. 253,254,270
Houston v. Lack, Ch. 9 p. 182

Hull,

Ex parte, Ch. 3p.47

Humnicut v. Boushner, Ch. 7 p. 112
1

Ingraham v. Wright, Ch. 4 p. 73
Injunction,

Seeking a preliminary, Ch. 11 p. 261
Inre Winship, Ch. 7 p. 108; Ch. 8 p. 166, 167
Investigator, Ch. 7p. 118

Irish Anarchist newspaper, Ch. $ p. 86
If

dackson v. Virginig, Ch. 1 p. 15; Ch. 11 p. 250
Jail,

A possible way to get released from, Introduction pv
James v. Stase, Ch. 4 p. 83
Jenkins v. Werger, Ch. 3 p-36
Johnson v. Avery, Ch. 3 p. 46
Jflhmv_cmmch. 11p.234-235
Jones v. Zimmerman, Ch. 7p. 127
Judges,

Biased, prejudicial, or unindictive, Ch. §
Judgment,

Fact-finders, Ch. 7 p. 112

Motion to alter or amend, Ch. 11 p. 263-264

Motion 10 relieve, Ch. 11 p. 265
e ————————

Justice,

Fundamental miscarriage of Ch. 11 p. 236, 254, 268-269
K
Kentucky Dept. of Corrections v. Thompsen, Ch. 3 p. 33
Kimmelman v. Morris, Ch. 11 p. 251

Kottakes v. US., Ch. 6 p. 106; Ch. 11 p. 247
Kylesv. Whitley, Ch. 11 p. 249
L

Language,
Mandatory, Ch. 3 p. 33

Equal proiection of the, Ch. 1 p.8; Ch. 12 p. 281
Lawsuit,
Elemeats of a federal, Ch. 3 p. 51 2
Elements of a Indiana Tort claim, Ch. 3 p. 51
Exhausting administraive remedies o bring a, Ch. 3 p. 41
Federal, Ch. 11 p. 260
Filing fees fora, Ch. 3 p.49-50
Obstaces in filing a federal, Ch. 3 p. 4243
Obstaces in filing a Indiana, Ch. 3 p. 4344
Leave, Ch. 1 p. 4;Ch. 7p. 105
Legal malpractice, Ch. 6 p. 96
Lozada v. US,, Ch. 11 p. 273
M

Matin v. State, Ch. 3. 52;Ch.9p.195

McCandless v. Vaughn, Ch. 8 p. 167

McCary v. State, Ch.9 p. 196

MeCulloughv. Archbold Lodder Co, Ch. 4p. 72 Ch. . 9%:Ch. 9. 198
McMillian v. Pennsylvaniz, Ch. 3 p. 71

Mendoza v. Bodgett. Ch. 3 p. 33

Meyers v. Gillis, Ch. 11 p. 256

Miller v. Keeney, Ch. 1p. 14

Elv. Cockerel, Ch. 11p. 270271
Miranda v. Arizonz. Ch. 11 p. 250

Mireless v. WACO, Ch. 5p. 94

Sentence, Ch. 12 p. 275.280
Motion.

Defined, Ch. 7 p. 107

Orsl, Ch.8p. 131

Verified, Ch. 7p. 106
Murray v. Carrier, Ch. 11 p. 234,236, 267,269
N

Nederv.

1.S..Ch.6p. 100
Newly discovered evidence, Ch. 4 p. 74-83; Ch. 11 p. 252256 Vo
New Trial,

Federal defendants’ motion for a, Ch. 4 p. 75-76

Newly discovered evidence that warranis &, Ch. 4 p. 75, 76-80, 80-

Non-capitat gases,
Seatences imposed for, Ch. 4 p. 72

o
e

Evideatisey, Ch. 8 p. 137140
Proper, Ch. 1 p.9
Ohio v. Roberts, Ch. § . 164
Olim v. Wakinekona, Ch. 3 p. 34
O'Neal v. Mcaninch, Ch. 6 p. 101
Onifer v. Tyszkiewicz, Ch. 9 p. 203
Oral Motions, Ch. 8. 127
Order forms,
Proposed, Ch. 7p. 106-107; Ch. 9 p. 178

Qflmmmmm‘wup,m
O'Sullivan v. Boerckel, Ch. 1 p. 16; Ch, 10p.207

I3
Packet,
Prose, Ch.2p.22; Ch. 7p. 104 16
Pardon, Ch. 12p.279
Pauper counsel,

Defined, Ch. 7p. 123

Pavell v. Hollins, Ch. 8, p. 163; Ch. 10 p. 213; Ch. 11 p. 270

Certiorari, Ch. 1 p. 14

Davis, Ch. 1 p. 16

Defined. Ch. 6 p. 107

Haheas corpus, Ch. 2 p. 22:23; Ch. 11 p. 229

Motion for a leave to file an amended, Ch. 7 p. 105-106

Post-conviction, Ch. 2 9. 22-23,24

Picard v. Conner, Ch. 10 p. 231

gm’;qm;?mwmk Assocates Limited Partnership.
5P,

Post-conviction relief.

Grounds for, Ch. 2 p. 24-25; Ch. 4 p. §4-55, 57, 66, 69, 74-75; Ch.
9p.200,201

Purpose of, Ch. 4 p. 52
Successive pefition for, Ch. 11 p. 25% Ch. 12p. 27
What is.Ch. 4. 51-52

Powell v, State, Ch. 4 p. 81

Pozo v. McCavghtry. Ch. 3 p. 41
Examples ot, Ch. 8 p. 132-136, 141-144 I7

Leading, Ch. 7 p. 124; Ch. 8 p. 141-144

Non-leading, Ch. 7 p. 124

‘Writing and preparing, Ch. 7 p. 124-125; Ch. 8 p. 141-144
R

Reasonable probebility, Ca. 7. 116
Resord,

Disciplinary, Ch. 12 p. 274-275

Free copy of your, Ch. 7 p. 126-127
Reed v Facky, Ch. 2. 26;Ch. 11 p. 245
Remedies,

Exhaustion of sate administrative, Ch. 3 p. 35; Ch. 10 p. 207
Repors,

Disciplinary, Ch. 3 p. 31

Pre-sentence investigation, Ch. | p. 3
Reprieve, Ch. 12 p.279
Regquirement

Physical injury, Ch. 3 p. 42

Rios v. Lane, Ch. 3p. 36

Robinson v. Califonia, Ch. 4 p. 73
Rodriguez v. State, Ch. 4 p. 74
Rowe v. Shake, Ch. 3 p. 42
Rules.
Vague disciplinary, Ch. 3 p. 36

Rules govering section 2254 cases, Ch.2p. 22

‘Sanna v, Dipaolo, Ch. 2.p. 26; Ch. 11 p. 245
Sehlup v. Delo. Ch. 11 p. 252-253
Segregation,
Administrative, Ch. 3 p. 34
Disciplinary, Ch. 3 p. 34,38
Shepardizing, Ch. 7p. 125
Sigler v, Hightower. Ch. 3 p. 43
Sisson v, State. Ch. 1 p. 15
Slack v. McDaniels. Ch. 11 p. 266
Smith v, Carrasco.
(federal case), Ch. 3 p. 44
(state case), Ch.3 p. 43-44
Smith v, Huckins, Ch. 3p. 43

Smith v. Indiana Dept. of Correction. Ch. 3 p. 43-44

Smith v. State. Ch. 9 p. 197

A1
Smith v. Walls, Ch. 2 p. 20 /9
Soffar v. Johnson, Ch. 11 p. 271
Solem v. Helm, Ch. 4 p. 73
Souter v. International Union, Ch. 11 p. 264
State Law,
Violations of, Ch. 11 p. 244-249
State v. MeCeaney, Ch. 4 p. 82
Stevens v. State, Ch. 9 p. 197

Stewart v, State, Ch. 4 p. 71; Ch. 8 p. 169

ickland v. Washington, Ch. 1 p. 10, Ch. 4 p. 62, 65, 83-84; Ch. 7 p. 109,
110; Ch. 8 p. 147, 159, 160; Ch. 9 p. 196, 198, 202; Ch. 10 p. 212; Ch. 11
p. 237,249,255, 268, 269

‘Stump v. Sparkman, Ch. 5 p. 93
‘Subpoenas,

Petition for Issuance of, Ch. 7 p. 114-117
Superintendent v. Hill, Ch. 3 p. 39; Ch. 4 p. 62
Swain v. Pressley, Ch. 11 p. 228
Szuchon v. Lehman, Ch. 11 p. 233
T

Talano v. Northwesetem Med. Faculty Found, Inc., Ch. 11 p. 265
Taylor v. Withrow, Ch. 2 p. 27; Ch. 11 p. 245

Teague v. Lane, Ch. 11 p. 218
Tennessce v. Swreet, Ch. 8 p. 164
rest ~£0

Ineffective assistance of counsel, Ch. 4 p. 62

Thomas v. McCaughtry, Ch. 10 p. 207; Ch. 11 p. 236
Timberfake v. State, Ch. 8 p. 159

Torres v. Prunty, Ch. 11 p. 256-257
Transfer,
Petition to, Ch. 10 p. 206
Transcripts,
Obtaining a free copy of, Ch. 7p. 126-127
Treaty of the United States.
International Covenant and Political and Civil Rights, Ch. 5 p.36
United Nations Standard Minimum Rules for the Treatment of

Prisoners, Ch. 5
P36

u
United States v, Metz. Ch. 4 p. 77
United States v. Taylor, Ch. 4 p. 72; Ch. § p. 92.93; Ch. 6 p. 98
Units.

Administrative segregation, Ch. 3 p. 34

Di

USA Today. Ch. 3p. 30: Ch. 5 p. 86-87

iplinary segregation, Ch. 3 p. 34

U.S. v. Alicea. Ch. 4 p. 77
US.v. Andrade, Ch. 4 p. 77

US. v. Curtis. Ch. 4 p. 80
2|
US. v. Dawson, Ch. 7p. 122; Ch. 8 p. 162; Ch. 10 p. 213

US. v. Desir, Ch. 4p. 77
US. v. Flores, Ch. 10 p. 208
US.v. Frady, Ch. 11 p.235
US. v. Graciaai, Ch. 4 p. 76
US. v. Holt, Ch. 4 p. 76
US. v. Jackson, Ch. 4 p. 79
US. v. Jasin, Ch. 4 p. 79
US. v. Lowder, Ch. 4 p. 77
US. v. Olano, Ch. 4 p. 70; Ch. 8 p. 171
US. v. Petillo, Ch. 4 p. 78
US. v. Ross, Ch. 4 p. 78
UsS. v. Runyan, Ch. 4 p. 80
US. v. Stoddard, Ch. 4 p. 78
US. v. Washington, Ch. 4 p. 76
S.v. Woolfork, Ch. 4 p. 79
US.v. Yang Ch.4p.79, 80
US.v. Young, Ch. 4p. 79-80; Ch. 11 p. 269
v
Vogue disciplinuy rules, Ch. 3 p. 36

m%mmw;ch.up
184
Viotations. T

Inserting and tying together constitutional, Ch. 11 p. 251, 252-256

1=

2

jaiver. Ch. 9 p. 200-203; Ch. 10 p. 209; Ch. 11 p. 235

Warrer

Indiana Tele. Co., Ch. 7p. 113-114

‘Washington v, Texas. Ch. 7 p. 116: Ch. 8 p. 161
Weatherford v. State, Ch. 9 p. 197

‘Weiss v. State. Ch. 4 p. 72; Ch. 5 p. 92

Werts v, Vaughn, Ch. 11 p. 242

Wesley v. State, Ch. 8 p. 159, 160; Ch. 9 p. 195, 196:197
West v, State, Ch. 4p. 71

‘Wheeler v, Sims. Ch. 8 p. 140

‘White v, Ulinois, Ch. & p. 164

‘Williams v. Taylor, Ch. 7 p. 110; Ch. 8 p. 159; Ch. 9p. 196

Willoughby v, State. Ch. 9 p. 196

inship,

Ir e, Ch. 7 p. 108: Ch. 8 p. 166. 167

Wischart v, State, Ch. 4 p. 82

23
Witness,
Expert, Ch.7p. 117-118
Finding a, Ch. 7p. 117
Walff v. McDonnell, Ch. 3 p. 31,37
Wright v. West, Ch. 11 p. 216
4

Zascone v. Perry, Ch. 5 p. 94