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.


  • 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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues