Court rules counsel was ineffective

Michael W. Hoskins
January 1, 2007
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A criminal defense attorney's failure to severe four burglary cases fell below an objective standard of reasonableness and prejudiced his client, the Indiana Court of Appeals ruled today.

In Darrel M. Maymon v. State of Indiana, No. 48A02-0611-PC-1060, the appellate court reversed a ruling by Madison Superior Judge Thomas Newman in denying relief on a claim of ineffective assistance of counsel at the post-conviction stage.

That trial defense attorney is not named in today's opinion, but the defendant-appellant contended that his trial counsel was ineffective for not severing the cases on four burglary charges - as should have been done because they were joined at trial solely on the ground they were of the same or similar character. He'd been found guilty by a jury for four crimes between June and September 2001, and the Court of Appeals had previously affirmed the convictions on direct appeal.

"Here, the facts of each charge do not demonstrate that Maymon committed a series of connected acts or that the incidents were part of a single scheme or plan," the court wrote today. "He contends that if a severance had been requested, the evidence of the burglaries where thefts occurred would not have been admissible in his trials for the burglaries where thefts did not occur.... We agree."

The court cited Wickizer v. State, 626 N.E.2d 795 (Ind. 1993), which held that evidence of other crimes, wrongs, or acts may be admitted to prove the intent of a defendant only when he or she has alleged a particular contrary intent at trial.

The court affirmed his convictions for two counts of burglary where thefts occurred, but reversed the other pair where thefts didn't happen. This case has been remanded with instruction to enter convictions for residential entry on those two and to sentence him accordingly.

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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon