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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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