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Defendant received ineffective trial counsel assistance in murder case

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The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.

James Roberson and Antron Young were at a Muncie nightclub in 2006 when Young exchanged angry words with Roberson and bumped and pushed him. The two had to be separated outside the club from fighting after the club closed at 3 a.m. When they both ended up at the same convenience store later that morning, Young punched Robinson in the face, leading Roberson to pull a gun and shoot at Young. Two bullets initially struck him and after he fell to the ground, Roberson fired more shots, telling him to “die.” Young died from the wounds.

Roberson was charged with murder, but claimed self defense. The trial court also gave instructions on voluntary manslaughter as a lesser included offense of murder, but not at the request of Roberson’s attorney. His attorney didn’t object to any of the instructions and Roberson was convicted as charged. His conviction was upheld on direct appeal, leading Roberson to file this petition for post-conviction relief.

In James Roberson v. State of Indiana, 18A02-1204-PC-306, Roberson claimed he received ineffective assistance of trial and appellate counsel with respect to not objecting to the content of the trial court’s instructions regarding voluntary manslaughter and not challenging them on direct appeal as fundamentally erroneous. His PCR petition was denied.

The appellate judges reversed, finding Roberson’s trial attorney was ineffective.

“The jury here was not properly instructed. In addition to the legally erroneous language of instruction 13, instruction 4, defining the elements of murder, makes no mention of the State’s burden to disprove the existence of sudden heat,” Judge Michael Barnes wrote.

“It was a clearly incorrect statement of the law to inform the jury that it could only consider convicting Roberson of voluntary manslaughter instead of murder if it first found him not guilty of murder, given that the jury instruction for murder did not inform the jury that the State had to disprove the existence of sudden heat.”

The case is remanded for further proceedings consistent with the opinion.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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