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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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