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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.