ILNews

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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. 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?

  3. 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?

  4. 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.

  5. 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?

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