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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. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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