ILNews

Attorneys' performances don't require post-conviction relief

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

ADVERTISEMENT