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Appellate court reverses grant of post-conviction relief

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The Indiana Court of Appeals found that the post-conviction court erred when it concluded that a defendant had not knowingly waived his right to counsel.

In State of Indiana v. Christopher Vickers, No. 88A05-1106-PC-317, 19-year-old Christopher Vickers was arrested for various alcohol offenses and appeared two days later at an initial hearing along with a group of other defendants. At this hearing, the trial court advised the defendants of their rights, including the right to have an attorney, the risk of proceeding without one, and the availability of appointed counsel. Vickers’ family indicated that they would try to find an attorney, to which the trial court requested they let the judge know quickly so counsel could be appointed if needed.

Vickers eventually signed a plea agreement to Class A misdemeanor operating a vehicle while intoxicated causing endangerment; he did not have an attorney. The form was not signed by the trial court and didn’t have the name of the prosecutor and date completed on it. Nearly seven years later, Vickers filed his petition for post-conviction relief claiming that he had not knowingly or voluntarily waived his right to counsel. The post-conviction court granted his request, in part because there wasn’t a record of Vickers’ waiver of his right to counsel.

Based on Supreme Court precedent, the lack of a record showing a waiver of right to counsel does not necessarily mean the trial court didn’t make such a determination that the waiver was valid, so the extent that the post-conviction court relied on the lack of record to grant relief was an error, wrote Judge Patricia Riley.

Looking at other evidence in the record, the appellate court couldn’t find that Vickers met his burden of proof establishing that he didn’t waive his right to counsel or did not unequivocally assert his right to proceed without an attorney.

 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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