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Appeals court upholds allowing represented defendant to argue pro se

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A criminal defendant represented by counsel who unsuccessfully argued on his own to withdraw a guilty plea to a Class A felony charge of dealing cocaine had a burden of proving manifest injustice, which he failed to do, the Indiana Court of Appeals ruled Tuesday.

The court affirmed a ruling by Tippecanoe Superior Judge Randy J. Williams denying a motion to withdraw the plea in Jerome Milian v. State of Indiana, 79A02-1302-CR-197. Milian was sentenced to 33 years in prison, with 26 years executed, and was found to be a habitual substance offender.

Williams allowed Milian to proceed with the pro se motion to withdraw his plea, in which Milian said he was misled into believing he was pleading to a Class B felony rather than a Class A felony. The judge held a hearing at which Milian argued his motion while his attorney sat in as stand-by counsel.

An appeals panel rejected Milian’s argument that the trial court abused its discretion by allowing him to represent himself in the hearing on his plea-withdrawal motion.  

“Milian received multiple advisements and admonishments from the trial court regarding his rights, and in particular, his right to representation by counsel. Milian has failed to meet his burden of establishing that the trial court abused its discretion. Consequently, we find no error here,” Judge James Kirsch wrote for the panel that also included Chief Judge Margaret Robb and Judge Patricia Riley.

The court record of Milian’s guilty plea hearing worked against his pro se motion.

“Milian stated for the record that he was happy with his legal representation and the services his attorney had provided. Milian affirmed that the plea agreement contained the terms he understood were to be included. The description of the offense that was read to Milian at the guilty plea hearing included the element that the crime occurred within 1000 feet of a housing complex, and the probable cause affidavit for that count, which also includes that allegation, was sworn to by Milian,” Kirsch wrote.  

“In sum, all three veins along which Milian sought to withdraw his guilty plea, were rebutted by verified evidence in the record, and Milian failed to show manifest injustice,” the panel held.

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  • Wasting time & money!
    Mediocre cases like this are the reason that serious and violent crime goes unsolved. What is the difference of dealing within 1ooo feet or 1000 feet one inch of a school, park or public housing? Answer: NO! What is the difference between a public housing complex and a private resident with young children. Answer: NONE!

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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