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Man can't prove ineffective lawyer assistance

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The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.

Ashanti Clemons was questioned by police for the 2005 shooting of Prentice Webster. Clemons signed the advice of rights/waiver of rights form and claimed he understood the statements on the form. Clemons admitted to carrying a gun without a license and that he fired the gun. The state charged him with Class A felony voluntary manslaughter and Class C felony carrying a handgun without a license. At his first trial, he was convicted of the handgun charge, which he appealed, arguing the trial court shouldn’t have admitted his statements to the police. Clemons claimed police didn’t stop the interview when he requested counsel. The trial court held Clemons’ comments didn’t constitute an unequivocal request for an attorney.

On retrial, he was convicted of the manslaughter charge, which the COA previously affirmed. His appellate counsel did not seek transfer.

In Ashanti Clemons v. State of Indiana, No. 49A02-1108-PC-737, Clemons claims that Brian Lamar, his trial attorney, was ineffective because he conceded that Clemons’ request for counsel during the interrogation was equivocal and because he didn’t get school records before the first trial to prove Clemons has a low IQ.

The COA agreed with the decision by another panel of the court on Clemons’ direct appeal that his statements weren’t an unequivocal request for counsel, so he can’t prove that Lamar performed deficiently on this point. The appellate court also found that Lamar attempted to obtain the school records before the first trial but was unable to secure them through no fault of his own.

Clemons also didn’t prove that his appellate attorney, Julie Slaughter, was ineffective for not filing a petition to transfer from his voluntary manslaughter conviction. Clemons may still seek review by the Indiana Supreme Court by appealing the instant decision, so he has not been procedurally defaulted, the judges ruled.

 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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