• 72°

Judge: Attorney's strategy for convicted murderer no cause for retrial

By Nathan Hardin
nhardin@salisburypost.com
SALISBURY – A superior court judge refused to grant a retrial for a convicted murderer because the judge said “the case came down to a matter of trial strategy,” court files show.
Bradley Paul Blymyer was convicted of murdering Jimmie Musselwhite in 2009 and sentenced to life without parole. Musselwhite was found dead in his home after he was beaten and stabbed to death in 2006.
Judge Allen Baddour, of Orange County, denied Blymyer’s request for a new trial on Oct. 18. Court files regarding Baddour’s decision were released Monday.
In his appeal, Blymyer argued his trial attorney, Kenneth Darty, of Statesville, failed to investigate a partial DNA match.
The DNA was found in the tip of a latex glove which was caught on duct tape used to bind Musselwhite’s hands and feet.
Darty did not bring in a DNA expert to dispute the claim.
Baddour said in the decision Darty could have challenged the DNA and tried to explain its presence on the glove, but Darty decided to gain credibility by accepting the DNA was Blymyer’s.
“In the course of a trial, it is of course permissible to deny, fight and argue with every assertion made by the State,” the decision said. “It is equally permissible for counsel to choose its battles, in a manner that invites the jury to see (the defendant) and his attorney as reasonable and credible …”
Baddour said Darty’s decision to fight one aspect of the case over another was not cause for a retrial.
“Put another way, had trial counsel chosen the other strategy, and lost, would an ineffective assistance claim be successful? The answer here is no,” the decision said.
Contact reporter Nathan Hardin at 704-797-4246.

Comments

Comments closed.

News

Stay-at-home orders cut into commercial fishermen’s catch last year

News

Two bodies found after helicopter goes down off NC coast

Nation/World

Unlikely partners: Pelosi, Cheney team up for Jan. 6 probe

Crime

Uber driver charged with sexually assaulting customer near Knightdale

Nation/World

Trump inaugural committee chair to be released on $250 million bail

Local

A year after removal, ‘Fame’ Confederate monument relocated to new home

Local

Photo gallery: ‘Fame’ relocation complete

Local

‘Fame’ Confederate monument being moved to North Lee Street cemetery today

Business

Troyer’s Country Market closing because of staff shortages, deal to sell building

Local

Builders interested in Spencer-owned residential properties

Local

Local wildlife biologist wins state award for private land conservation efforts

Local

Quotes of the week

Local

Inaugural Paint the Pavement project postponed due to paint shortages

Coronavirus

Major NC hospitals to order staff to get vaccine

High School

High school sports oversight revamp clears another state panel

Elections

McCrory wants three GOP primary debates in Senate race

College

College coaches working to learn impact of endorsement deals on recruiting

Local

City council tables issue of allowing golf carts on public roads

College

Lenoir-Rhyne women’s basketball players say activism got them kicked off team

Crime

Blotter: Man robs East Innes Circle K at gunpoint

Crime

District Attorney clears deputies in shooting investigation from February chase

Local

Salisbury Police detective receives state Gang Investigators Association Award

Education

Change in state COVID-19 guidance gives school district freedom on masking

Local

Community shows outpouring of support for young Rowan County softball player