MEMORANDUM DECISION

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.

ATTORNEYS FOR APPELLANT

Stephen T. Owens

Public Defender of Indiana

Kathleen Clearly

Deputy Public Defender

Indianapolis, Indiana

ATTORNEYS FOR APPELLEE

Gregory F. Zoeller

Attorney General of Indiana

J.T. Whitehead

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Lamar Crawford,

Appellant-Petitioner,

v.

State of Indiana,

Appellee-Respondent

September 14, 2016

Court of Appeals Case No.

49A05-1603-PC-573

Appeal from the Marion Superior 

Court

The Honorable Sheila A. Carlisle, 

Judge

The Honorable Stanley E. Kroh, 

Magistrate

Trial Court Cause No.

49G03-0904-PC-39093

Crone, Judge.

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Case Summary

[1] A jury convicted Lamar Crawford of murder and found him to be a habitual 

offender. The trial court sentenced him to an aggregate term of eighty-five 

years, and his conviction was affirmed on direct appeal. Crawford filed a 

petition for postconviction relief (“PCR”), claiming ineffective assistance of 

counsel, and now appeals the postconviction court’s denial of his petition. 

Finding that he has failed to meet his burden of establishing ineffective 

assistance of counsel, we affirm.

Facts and Procedural History

[2] The relevant facts as summarized by another panel of this Court in Crawford’s 

direct appeal read in pertinent part as follows:

During April of 2009, Gernell Jackson (Jackson) lived on 

Medford Avenue in Indianapolis, Indiana. Jackson had a sister 

named Dorothy Crawford (Dorothy) and two nephews, 

Crawford and his brother, Naamonn Crawford (Naamonn). 

Naamonn was close to his uncle and visited him at his home a 

few days a week. Sometimes during these visits, Crawford also 

joined them. While Crawford visited his uncle periodically, they 

did not always get along. On two separate occasions, Jackson 

reported that his car had been stolen by Crawford. Each time, 

Jackson dropped the charges when he recovered his car. 

Crawford’s cousin, Donald Hurd (Hurd), last saw Crawford at 

Jackson’s house sometime between April 5 and 7, 2009. When 

Hurd last saw Crawford, he did not have any injuries to his face 

or hands.

On April 9, 2009, Naamonn visited Jackson and discovered him 

dead on the floor of his house, covered with a blanket. Naamonn 

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immediately called 9-1-1 and attempted to perform CPR. When 

ambulance and police personnel arrived shortly after Naamonn’s 

call, they pronounced Jackson dead on arrival as a result of forty 

separate stab and cut wounds all over his body. After an 

investigation of the scene, Indianapolis police officers determined 

that Jackson’s car, a tan Chevy Impala, was missing, as well as 

Jackson’s electronic JVC receiver. Detective John Breedlove also 

discovered blood stains in the bathroom and a box of Band-Aids 

in a back bedroom. The peel-off wrappers of the Band-Aids had 

been discarded on the dresser, and there was dried blood near the 

Band-Aid box.

That same day, Crawford called a former girlfriend, Kurina 

McCormick (McCormick), and told her he was coming to visit 

her. When he arrived, she saw that he was driving a tan Chevy 

Impala. McCormick asked Crawford where he had gotten the 

car, and he told her that “he bought it.” McCormick also noticed 

that Crawford had bandages on his hand and fingers and 

scratches on his face.

Later that day, Crawford attempted to draw money from 

Jackson’s bank account using Jackson’s debit card. When that 

failed, he sold Jackson’s electronic JVC receiver to a pawn shop 

and attempted to cash one of Jackson’s checks at another bank.

The bank teller determined that the signature on the check did 

not match Jackson’s and refused to cash it. Afterwards, Crawford 

went to an Applebee’s restaurant and a strip club. Naamonn 

attempted to contact Crawford three or four times that night after 

he discovered Jackson, but Crawford did not answer his phone.

The next day, April 10, 2009, Dorothy found McCormick’s 

contact information and attempted to reach Crawford at 

McCormick’s house. McCormick answered the phone, but hung 

up when Crawford told her that he did not want to talk to his 

mother. Subsequently, Dorothy called the police, and the police 

went to McCormick’s apartment and apprehended Crawford.

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During the investigation, the police discovered that Crawford’s 

DNA matched blood stains on the drawers in the northwest 

bedroom of Jackson’s house; on a washcloth recovered from the 

bathroom floor; on the northwest bedroom floor; on the 

bathroom sink; on a napkin recovered from the bathroom sink; 

on the driver’s seat, dashboard, and steering wheel of Jackson’s 

car; on a lighter; and on some coins. The police also discovered 

DNA from three different people—Crawford, Jackson, and an 

unknown person—on a wooden knife handle left at the scene.

On April 15, 2009, the State filed an Information charging 

Crawford with Count I, murder, a felony, I.C. § 35-42-1-1, and 

then added Count II, habitual offender, I.C. § 35-50-2-8, on June 

4, 2009. 

....

[F]rom May 11-13, 2010, a three-day jury trial was held. At trial, 

Crawford alleged that a neighbor named Michael Craig (Craig) 

was responsible for Jackson’s murder. According to Crawford, 

he was visiting his uncle when a man wearing black clothes and a 

ski mask came into his uncle’s house through the door. That 

man attacked Jackson and injured Crawford as Crawford tried to 

defend his uncle. Before leaving, the man warned Crawford that 

he would kill him if he did anything and that he knew where 

Crawford’s family lived. Crawford did not see the man’s face, 

but he argued that the man was Craig, because the police had 

found multiple threatening messages from Craig on Jackson’s 

voicemail during their investigation. In further support of his 

version of events, Crawford noted the unknown DNA that the 

police found on the knife handle.

At the close of evidence, the jury found Crawford guilty as 

charged. Then, on May 27, 2010, the trial court sentenced 

Crawford to an aggregate sentence of 85 years. In its order of 

judgment of conviction, the trial court noted as aggravating 

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circumstances: (1) Crawford’s prior criminal history, both as a 

juvenile and as an adult; (2) repeat offenses; (3) the nature and 

circumstances of the crime committed; and (4) Crawford’s 

conduct after the offense.

Crawford v. State, 946 N.E.2d 1221, 1223-25 (Ind. Ct. App. 2011), trans. granted. 

[3] Crawford appealed his conviction, which was affirmed by another panel of this 

Court. He sought transfer to the Indiana Supreme Court, challenging only the 

trial court’s grant of the State’s motion to quash certain nonparty subpoenas.

1

 

Finding that Crawford had not made his requests for subpoenas with sufficient 

particularity, our supreme court affirmed. Crawford v. State, 948 N.E.2d 1165, 

1169 (Ind. 2011). 

[4] In March 2012, Crawford filed a pro se PCR petition. In August 2014, by 

counsel, he filed an amended petition, claiming ineffective assistance of counsel

based on trial counsel’s (“Counsel’s”) alleged “failure to investigate and present 

evidence of intellectual and development disability” and “failure to object to 

disparaging prosecutorial arguments.” Appellant’s App. 84-85. The 

postconviction court held an evidentiary hearing and ordered the parties to 

submit proposed findings of fact and conclusions of law. In February 2016, the 

postconviction court issued its findings of fact and conclusions of law in an 

order denying Crawford’s petition. 

1

 In its opinion on transfer, our supreme court addressed only the issue of whether the trial court erred in 

quashing certain subpoenas, summarily affirming this Court on the sufficiency of evidence. Crawford v. State, 

948 N.E.2d 1165, 1169 (Ind. 2011).

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[5] Crawford now appeals. Additional facts will be provided as necessary.

Discussion and Decision

[6] Crawford contends that the postconviction court erred in denying his PCR 

petition. The petitioner in a postconviction proceeding “bears the burden of 

establishing grounds for relief by a preponderance of the evidence.” Ind.

Postconviction Rule 1(5); Passwater v. State, 989 N.E.2d 766, 770 (Ind. 2013). 

When issuing its decision to grant or deny relief, the postconviction court must 

make findings of fact and conclusions of law. Ind. Postconviction Rule 1(6). A 

petitioner who appeals the denial of his postconviction petition faces a rigorous 

standard of review. Massey v. State, 955 N.E.2d 247, 253 (Ind. 2011). In 

conducting our review, we neither reweigh evidence nor judge witness 

credibility; rather, we consider only the evidence and reasonable inferences 

most favorable to the judgment. McKnight v. State, 1 N.E.3d 193, 199 (Ind. Ct. 

App. 2013). “A post-conviction court’s findings and judgment will be reversed 

only upon a showing of clear error—that which leaves us with a definite and 

firm conviction that a mistake has been made.” Passwater, 989 N.E.2d at 770

(citation and quotation marks omitted). In other words, if a postconviction 

petitioner was denied relief in the proceedings below, he must show that the 

evidence as a whole leads unerringly and unmistakably to a conclusion opposite 

the one reached by the postconviction court. Massey, 955 N.E.2d at 253. 

Postconviction relief does not offer the petitioner a super appeal; rather, 

subsequent collateral challenges must be based on grounds enumerated in the 

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postconviction rules. McKnight, 1 N.E.3d at 199. These rules limit the scope of 

relief to issues unknown or unavailable to the petitioner on direct appeal. Id. 

[7] Crawford maintains that he was denied his constitutional right to effective 

assistance of trial counsel. To prevail on an ineffective assistance claim, 

Crawford must satisfy two components: he must demonstrate both deficient 

performance and prejudice resulting from it. Strickland v. Washington, 466 U.S. 

668, 687 (1984). Deficient performance is “representation [that] fell below an 

objective standard of reasonableness, [where] counsel made errors so serious 

that counsel was not functioning as ‘counsel’ guaranteed by the Sixth 

Amendment.” Passwater, 989 N.E.2d at 770. We assess counsel’s performance 

based on facts that are known at the time and not through hindsight. 

Shanabarger v. State, 846 N.E.2d 702, 709 (Ind. Ct. App. 2006), trans. denied. 

Evidence of isolated poor strategy, inexperience, or bad tactics will not support 

an ineffective assistance claim; instead, we evaluate counsel’s performance as a 

whole. Flanders v. State, 955 N.E.2d 732, 739 (Ind. Ct. App. 2011), trans. denied

(2012). “[C]ounsel’s performance is presumed effective, and a defendant must 

offer strong and convincing evidence to overcome this presumption.” Ritchie v. 

State, 875 N.E.2d 706, 714 (Ind. 2007). “Strickland does not guarantee perfect 

representation, only a reasonably competent attorney.” Hinesley, 999 N.E.2d at 

983.

[8] In his amended PCR petition, Crawford raised several allegations of deficient 

performance by Counsel. In this appeal, the allegations against Counsel are 

limited to (1) failure to properly investigate and present evidence regarding 

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Crawford’s intellectual and developmental disabilities; and (2) failure to object 

to disparaging statements during the State’s closing arguments. “[C]ounsel has 

a duty to make reasonable investigations or to make a reasonable decision that 

makes particular investigations unnecessary.” Strickland, 466 U.S. at 691. 

Because Strickland’s prejudice prong necessitates a showing of a reasonable 

probability that counsel’s deficient performance affected the outcome of the 

trial, establishing ineffective assistance of counsel based on counsel’s failure to 

investigate “requires going beyond the trial record to show what investigation, 

if undertaken, would have produced.” McKnight, 1 N.E.3d at 201. 

[9] Here, Counsel had over a decade of criminal defense experience in major felony 

cases. She was familiar with Crawford and petitioned the trial court for a 

psychiatric evaluation as well as a competency and sanity evaluation. The 

former was performed by Dr. Phillip Coons, who found in pertinent part with 

respect to Crawford’s “Mental Status Examination,”

He was oriented to person, place, and time. He recalled three out 

of three objects at five minutes. He knew the current president 

and past president but not the governor or vice president. He 

could not do simple calculations. His intelligence appeared 

borderline by the use of vocabulary. Insight and judgment were 

good. 

Petitioner’s Ex. 6. 

[10] The latter was performed by Dr. George F. Parker, associate professor of 

clinical psychiatry at the Indiana University School of Medicine. Dr. Parker

found in pertinent part, 

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The defendant’s thought process was concrete and organized 

throughout the interview. He answered questions appropriately. 

He denied ever experiencing auditory or visual hallucinations.

 

On cognitive evaluation, Mr. Crawford was oriented to person, 

place and time. His short-term memory was tested using fourword recall; he registered all four words immediately and recalled 

two of the words after a delay of a few minutes. He also recalled 

two new words, though they were related to the original words. 

The defendant’s insight into his current legal situation was 

estimated to be adequate. His insight into his clinical status was 

estimated to be fair. His intelligence was clinically estimated to 

be in the range of normal.

....

 

The defendant reported a history of treatment with antipsychotic 

medication, but said this medication was prescribed for 

depression and to keep him ‘relaxed and calm” while he was in 

23-hour lockdown for two years. Based on his report, it was 

difficult to determine if Mr. Crawford suffered from a true 

depression, from symptoms of psychosis, or both, while in 

administrative segregation. Mr. Crawford denied any history of 

experiencing auditory or visual hallucinations, did not appear to 

have a history of significant delusional beliefs, and presented 

with a fairly organized thought process during the clinical 

interview. Despite his report that his mother had wanted him to 

be evaluated because “people were saying I was crazy,” there 

was little solid evidence to merit a diagnosis of a chronic 

psychotic disorder.

....

Mr. Crawford said he had met with his attorney, but did not 

always understand what she told him, because of “some words 

she uses.” He thought his attorney would be able to explain 

these words to him, if he asked her to do so. Based on the course 

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of the clinical interview, during which the defendant 

demonstrated a concrete and organized thought process and 

answered questions appropriately, he was estimated to have an 

adequate ability to work with his attorney, to disclose pertinent 

facts to his attorney, to testify relevantly and to comprehend legal 

advice or instruction. 

Mr. Crawford understood how to appropriately challenge 

witnesses, as he was aware that witnesses were meant to “tell 

what they saw” and to “tell the truth” when in court. He said he 

would “tell my lawyer” if he thought a witness was not telling the 

truth. There was no evidence of any self-defeating attitude 

during the clinical interview. The risk of unmanageable behavior 

by the defendant in the courtroom was estimated to be low. His 

ability to tolerate the stress of a trial was estimated to be 

adequate. 

....

OPINION: It is my opinion, with reasonable medical certainty, 

that the defendant does not have a mental disorder.

It is my opinion, with reasonable medical certainty, that the 

defendant is currently capable of understanding the nature and 

objectives of the legal proceedings against him. 

It is my opinion, with reasonable medical certainty, that the 

defendant was not mentally ill at the time of the alleged offense. 

It is further my opinion, with reasonable medical certainty, that 

the defendant did appreciate the wrongfulness of his actions at 

the time of the alleged offense. 

Petitioner’s Ex. 7.

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[11] Crawford essentially argues that the doctors’ reports were not sufficiently indepth to show the extent of his intellectual deficiency and that Counsel 

therefore should have obtained and introduced his school records. Those 

records, dated 1995 and 1996, showed the thirteen/fourteen-year-old Crawford 

to have a “mild mental handicap,” a verbal IQ of 62, a performance IQ of 77, 

and a full-scale IQ of 68. Petitioner’s Ex. 5. The school psychologist 

summarized his findings in pertinent part, 

[Crawford] scored within the Mentally Deficient range of 

intelligence. There was significant difference between his verbal 

and performance intelligence. He scored within the Mentally 

Deficient range in his ability to determine general word 

knowledge and verbal concept formation.

[Crawford’s] achievement tests indicate that his achievement 

ability is within the mentally deficient range of achievement .... 

[H]e is mentally deficient in his numeral ability, reading ability 

and spelling ability. [Crawford] has problems with 

multiplication, division and fractions. [Crawford’s] academic 

achievement in reading, spelling and math is commensurate in 

relation to intellectual level. 

Id.

[12] With respect to Crawford’s intellectual deficiency, Counsel testified at the PCR 

hearing in pertinent part, 

A. I[t] ... was noted in those high school reports that his IQ was 

a lot lower than I thought it was.

Now, the doctors had already said he was borderline. And I 

think he had told me that he was in special ed[ucation] and had 

not finished high school. But I don’t think I realized to what 

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extent the ... I did not realize.

And speaking with him, it didn’t strike me either. I didn’t realize his 

scores were so low. 

Q. Okay. Do you think that his intellectual disability would 

have been a part of the defense guilt phase?

A. Guilt phase, no. He had given a statement to the detective and had 

actually, in my mind, handled himself very well.

And my biggest fear during the case was that the State would not 

introduce his statement because I couldn’t have had they not. 

And when they did, and I—and it—his explanation at the time was 

the best. And there was really no place in there to argue that somehow he 

was not behaving normally or—because of an intellectual deficiency.

It was more that he experienced a traumatic event and he was 

spinning out of control. And that’s what he told the detective. 

And I—I thought that made the most sense.

Q. Regarding sentencing, do you think this information should 

have been revealed and put forth to the Court?

A. I think it might have helped to emphasize—it was—again, it 

was—it was noted in his PSI that he was in special classes, but it 

did not note that he had a low IQ.

The doctors—one of the doctors, at least, I recall said that he was 

borderline. But, again, the numbers were not here. It might have 

helped to illustrate it. 

I don’t know what the Court would have done. I’ll defer to the 

Court on whether or not it might have made a difference for him. 

Q. Did—and are you currently aware of U.S. jurisprudence

which—U.S. Supreme Court jurisprudence cases where 

intellectual disability does relate to sentencing?

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A. Oh, yes. It is a mitigator.2

 But it tends to be a better mitigator 

when it—it has a nexus between the defense and the actions. And ... I 

did not think it played into his behavior and how we were trying to 

present his behavior to the jury.

PCR Tr. at 20-23 (emphases added).

[13] As a whole, the evidence presented at the PCR hearing reveals that at the time 

of trial, the doctors’ reports had shown Crawford to be lucid and organized in 

his thoughts, yet borderline deficient intellectually. Although Crawford’s 

school records, and specifically his IQ scores, might have shed additional light 

on the extent of his intellectual deficiency, Counsel’s testimony indicates that 

the scores would not have played a role in the determination of guilt due to the 

nature of his defense (identity—that he was not the perpetrator) and that any 

mitigating potential concerning his sentence would have been buffered by the 

absence of a nexus between his intellectual deficiency, his actions, and his 

defense. We also note the overwhelming aggravating circumstances in the form 

of Crawford’s extensive criminal record, the heinous and violent nature of his 

offense, and the rapidity with which he acted after murdering his uncle, in

stealing his uncle’s car, pawning his uncle’s stereo receiver, and attempting to 

cash checks and withdraw funds from his uncle’s bank account. Simply put, 

Crawford has failed to demonstrate that but for Counsel’s failure to investigate 

and introduce his academic records, there is a reasonable probability that the 

2

 McCarty v. State, 802 N.E.2d 959, 967-68 (Ind. Ct. App. 2004) (citing Atkins v. Virginia, 536 U.S. 304, 306 

(2002)), trans. denied.

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result of the proceedings would have been different. As such, he has failed to 

meet his burden of establishing prejudice. 

[14] Crawford also submits that Counsel was ineffective in failing to object to the 

prosecutor’s allegedly inflammatory statements during closing argument. To 

prevail on a claim of ineffective assistance for failing to object, the defendant 

must show that an objection would have been sustained if made. Overstreet v. 

State, 877 N.E.2d 144, 155 (Ind. 2007), cert. denied (2008). With respect to a 

prosecutor’s assault on a defendant’s veracity, we note that “[a] prosecutor does 

not necessarily engage in misconduct by characterizing a defendant as a liar.” 

Cooper v. State, 854 N.E.2d 831, 836 (Ind. 2006). Rather, “a prosecutor may 

comment on the credibility of the witnesses as long as the assertions are based 

on reasons which arise from the evidence.” Id. (citation omitted). Moreover, 

“[p]rosecutors are entitled to respond to allegations and inferences raised by the 

defense even if the prosecutor’s response would otherwise be objectionable.” 

Id. In other words, a prosecutor’s statements concerning the defendant’s 

veracity must be placed in context with the evidence presented and arguments 

raised during the trial. For example, even if an objection likely would have 

been sustained if made, trial counsel may have declined to object as a strategy 

to avoid bringing unnecessary attention to a certain matter. Id. 

[15] Here, the challenged statements center around two general themes: (1) 

challenges to Crawford’s veracity, see, e.g., Tr. at 831-32, 838 (referencing 

Crawford’s version of events as “ridiculous” and an “impossible story” and

directing jurors to “look at his lies,” and “look at some of his other lies”); and 

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(2) disparagement of the defense, see, e.g., id. at 840-42 (referencing defense’s 

strategy as “Throw something on the wall and hope it sticks,” “pointing 

fingers,” and “hiding the ball” and stating, “We provided them with their 

defense.”). 

[16] With respect to the challenges to Crawford’s veracity, we note that the PCR 

transcript is devoid of testimony concerning the prosecutor’s references to

Crawford’s “lies” or his “ridiculous” and “impossible stories.” See PCR Tr. at 

16 (when asked whether she had concerns about arguments made during the 

State’s closing argument, Counsel pointed only to “one argument in particular 

that just struck me at the time as being so wrong,” which was the prosecutor’s 

statement about having provided Crawford with his defense). Because 

Crawford failed to raise Counsel’s failure to object to the prosecutor’s 

accusations of lying during the PCR proceedings below, he has waived them for 

consideration on appeal. See Koons v. State, 771 N.E.2d 685, 691-92 (Ind. Ct. 

App. 2002) (petitioner who fails to raise issue before PCR court below waives 

argument on appeal), trans. denied. Even so, we note that Crawford’s defense 

was based on his assertion that he was not the perpetrator but instead was 

attempting to intervene on behalf of the stabbing victim. As such, his credibility 

was the linchpin of his defense, and while we believe the better practice is for 

attorneys to avoid such denigrating terms as “liar” and “lying” during closing 

argument, Crawford placed credibility in issue, and we do not believe that the 

absence of an objection to the State’s use of the terms amounted to deficient 

performance by Counsel.

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[17] As previously noted, the evidence adduced at the PCR hearing focused almost 

entirely on one specific comment by the prosecutor, “We provided them with 

their defense.” Tr. at 841. Counsel testified in pertinent part with respect to 

this statement:

A. There was one argument in particular that just struck me at 

the time as being so wrong, but I did not object. And it took me 

honestly—embarrassment, but it took me probably a year or two or 

more to break it down and figure out what was so wrong about the 

comments that were made.

....

What was stated by the State was—now, this was in regards 

to the—the telephone calls on the [victim’s] answering 

machine and the information about Michael Craig that came 

in way late in the case.

And the statement was, [w]e provided them with their 

defense.

And what was so wrong about that statement was Brady3

requires that the State turn over potentially exculpatory 

evidence. That is the State’s responsibility. But it didn’t strike 

me at the time. 

It is true that they gave us information that became a defense. But 

for the State to turn it around and flip it as if they had given us 

a gift or they—they had been gracious when it is absolutely 

constitutionally required, and certainly after they had delayed, 

they had no excuse for that, for them to take that set of facts 

and make it seem as though we hadn’t done any work on the 

3

 The Brady rule requires the State to disclose material exculpatory evidence to the defendant. See Brady v. 

Maryland, 373 U.S. 83, 87 (1963) (holding, “the suppression by the prosecution of evidence favorable to an 

accused upon request violates due process where the evidence is material either to guilt or to punishment, 

irrespective of the good faith or bad faith of the prosecution.”).

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case, it belittled the defense.

... [I]t took me, again, I apologize, years later to break this all down 

mentally. 

.... 

I did not make an objection. 

Q. Do you feel you should have?

A. I think if I had been a smarter lawyer, I should have, 

absolutely. If I could have articulated and—what I can now. 

But I was stunned. I felt it gutted our case. I felt it gutted our 

defense. I was sick when I heard those comments.

But I could not break it down and really analyze to what it—to 

how—how pervasive and penetrating in a negative, devastating way 

those comments were to the entire process of gathering evidence and 

turning it over as contemplated by Brady.

PCR Tr. at 16-20 (emphases added).

[18] As the PCR transcript shows, the challenged statement was factually accurate, 

that is, that Crawford’s defense did come from the voicemail evidence that the 

State (albeit belatedly) provided to the defense. Counsel testified on crossexamination that she received the evidence seven months into the process and 

that, as a result, it gave her “six months with the information to play catch-up 

on developing that theory of the case. So it basically cut the time that I usually 

use to prepare a murder trial.” Id. at 27. Nevertheless, she went on to testify, 

“If I had needed a continuance, I would have asked for one.” Id. at 28. 

[19] Counsel’s failure to object to the prosecutor’s comment did not amount to 

ineffective assistance. First, Counsel admitted that it took her over a year to 

break down the comment and assess what was wrong with it. Even then, she 

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concluded that the comment was “pervasive,” “penetrating,” and “devastating”

to the entire process of gathering evidence and turning it over to the defense. 

Id. at 20. If anything, the State’s action in withholding the voicemail evidence 

was devastating to evidence gathering. Notwithstanding, the State committed 

the Brady violation six months before trial, and Counsel chose not to file a 

motion for continuance. Counsel was personally offended at the prosecutor’s 

comment during closing argument yet could not pinpoint why. As such, it is 

unlikely that she could have articulated a basis for her objection, and it likely 

would have been denied. The jury was very likely unaffected by the statement,

as the basis for its objectionability was unclear even to trained counsel and as 

the physical evidence implicating Crawford was overwhelming. We conclude 

that Crawford has failed to establish any prejudice stemming from Counsel’s 

failure to object to the prosecutor’s comment. As a result, he has failed to meet 

his burden of establishing ineffective assistance of counsel. Accordingly, we 

affirm. 

[20] Affirmed.

Kirsch, J., and May, J., concur.

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