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Blouin v. State

The defendant received ineffective assistance of counsel when his attorney failed to introduce the transcript of his probation revocation hearing at which his co-indictee assumed full responsibility for the crime.

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John Daryl Blouin was tried by jury and convicted of selling cocaine. He contends his trial counsel was ineffective because he did not attempt to introduce the transcript of a co-indictee’s former testimony, which contained exculpatory evidence.

At trial, the State introduced only two witnesses, one of whom simply identified the contraband as cocaine. The State’s main witness, Officer Todd Henderson, testified to the facts of the sting operation. He testified that he was riding in the back seat of a car driven by an unidentified, confidential informant and that a second informant, also unidentified, occupied the passenger seat. They pulled into a gas station where three men were standing, including Blouin, and Henderson told Blouin that he needed to buy some crack cocaine. Blouin spoke to Jesse Withers a/k/a Jesse Williams and the third man. Blouin then got into the back of the car next to Officer Henderson, and directed the driver to go across the street to some apartments. Withers and the other man crossed the street on foot and went behind a tool shed. After the informant parked the car, Blouin got out and also went behind the shed. A short time later, Withers came out reappeared and sold Henderson some crack cocaine. Henderson then radioed for help, and agents arrested both Withers and Blouin; the third man was not apprehended.

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