The Indiana Court of Appeals has denied a request for the early release of a man convicted of attempting to rape a New Albany drug store worker in 1996.
David Shirley, 44, was sentenced to 70 years in prison after a Floyd County jury found him guilty on charges of class B felonies attempted rape and attempted criminal confinement.
According to court records, a woman had finished her shift at work and started her van to warm it up. She then walked back into the store, and New Albany Police Department Officer Julie Condra happened to be there at the time.
As the two women walked to the parking lot, Condra noticed someone in the woman’s van. As they approached the vehicle, Condra saw Shirley lying in the van covered in pillows and holding a leather belt. When Shirley heard the woman scream, he attempted to run but was arrested.
Shirley was charged with attempted rape and attempted robbery, and his first trial resulted in a mistrial after the jury could not reach a verdict. The state amended the charges, and a second jury found him guilty in 1997.
Shirley was sentenced to 40 years in prison with an additional 30 years for being a habitual offender.
Shirley later appealed his conviction, arguing his prior rape conviction should not have been admissible at trial. His appeal was rejected.
He then filed a request for post-conviction relief, arguing that he was denied effective counsel for his trial and appeal. The court denied his request for relief, and he then appealed that decision.
Shirley argued that he should not have been sentenced on both the rape and criminal confinement charges because it violated double-jeopardy laws. He argued that the substantial step toward completing each crime was the same.
On Monday, the Court of Appeals ruled that there was no double-jeopardy violation because both offenses required proof of an additional fact the other did not.
“With the precedent available at the time and given the crimes for which Shirley was convicted and sentenced, we cannot find that Shirley’s trial counsel rendered deficient performance in not arguing that his convictions were in violation of double jeopardy principles,” the opinion stated.
Shirley’s projected release date is in December 2031.
Floyd County
November 27, 2009
Post-conviction relief denied in 1996 New Albany attempted rape case
Man convicted of hiding in woman’s car as she left work
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