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Attorneys' performances don't require post-conviction relief

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A LaPorte County man with a lengthy criminal history couldn’t convince the Indiana Court of Appeals that he is entitled to post-conviction relief due to ineffective assistance from his trial and appellate attorneys.

In Charles A. Walker v. State of Indiana, 46A04-1210-PC-519, Charles Walker appealed the denial of his petition for post-conviction relief. He had been convicted of robbery and found to be a habitual offender. He was sentenced to 40 years.

Walker claimed his trial attorney was ineffective by not challenging the sufficiency of the evidence to support the habitual offender finding via a motion for directed verdict. He argued the evidence didn’t establish his identity and the sequence of the predicate offenses. The COA found the attorney was not ineffective with respect to Walker’s identity, as a police officer and probation officer involved in Walker’s 1980 and 1989 convictions, used to support the habitual offender finding, affirmed Walker’s identity.

The judges did find that the trial counsel’s performance was deficient by failing to request a directed verdict after the state didn’t present documentary evidence establishing the proper sequencing of the predicate offenses. But even if his attorney had requested a directed verdict, the state “simply could have requested that the trial court exercise its discretion and grant permission to reopen the case to introduce the 1989 charging information,” Judge Terry Crone wrote. Thus, it’s not reasonably probable that Walker would have received a different outcome on the habitual offender count.

The appellate court also found that the trial attorney was not ineffective in failing to object to the jury instructions regarding the habitual offender finding or to the habitual offender verdict form.

Regarding his appellate counsel, Walker argued that attorney was ineffective by not raising the same habitual offender issues that formed the basis of claims against his trial counsel. Walker’s appellate attorney raised two issues on direct appeal: the sufficiency of evidence supporting the robbery conviction and the appropriateness of the sentence. The appellate court couldn’t determine why the appellate attorney didn’t raise the issue concerning the habitual offender designation because the attorney was deceased at the time of the post-conviction hearing.

The unraised issue of sufficiency of evidence supporting the habitual offender finding was not clearly stronger than the issues raised by the appellate attorney, Crone wrote, pointing to the record on direct appeal. The record also shows that the attorney did request the COA vacate the habitual offender filing in conjunction with his appropriateness of sentence claim.
 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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