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COA upholds denial of post-conviction relief

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The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.

James Oberst was charged with two counts of sexual misconduct with a minor in 1998 and later convicted. The Court of Appeals reversed one of his convictions and ordered he be re-sentenced. In 2008, Oberst filed a petition for post-conviction relief, claiming his trial counsel was ineffective on several grounds.

 When Oberst gave his statement to the police detective in December 1998, he hadn’t been charged yet with a crime. Oberst’s attorney on an unrelated criminal matter happened to be at the sheriff’s department on the day he went in to speak with the detective, and the attorney agreed to help Oberst in the instant matter. Oberst signed a waiver of rights and admitted to having sex with the victim. His attorney in the unrelated matter was later appointed to defend him in the sexual misconduct case.

In James K. Oberst v. State of Indiana, No. 14A05-1003-PC-157, Oberst argued that his attorney should have somehow stopped him from confessing during the interview. But the Sixth Amendment right to counsel is activated at the initiation of adversary criminal proceedings, noted Judge Nancy Vaidik.

“And because Oberst did not have the Sixth Amendment right to counsel during the December 2 interview, it does not matter what trial counsel did or did not do during that interview. In other words, Oberst did not have the right to effective representation during that interview,” she wrote.

The judges also rejected Oberst’s arguments that his trial counsel was ineffective by not conducting an adequate pretrial investigation. Oberst couldn’t establish ineffective assistance on this issue or on his claims of trial ineffectiveness. Oberst argued the trial counsel should have withdrawn as his counsel at the beginning of the trial when Oberst indicated he wanted to fire the attorney for failing to file a notice of alibi. But the trial court resolved the matter by allowing the alibi witness, so he had no reason to fire his trial counsel, wrote the judge.

As with his other arguments, the appellate judges found Oberst didn’t provide sufficient evidence to support his ineffective assistance claim.

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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