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Defendant received ineffective trial counsel assistance in murder case

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The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.

James Roberson and Antron Young were at a Muncie nightclub in 2006 when Young exchanged angry words with Roberson and bumped and pushed him. The two had to be separated outside the club from fighting after the club closed at 3 a.m. When they both ended up at the same convenience store later that morning, Young punched Robinson in the face, leading Roberson to pull a gun and shoot at Young. Two bullets initially struck him and after he fell to the ground, Roberson fired more shots, telling him to “die.” Young died from the wounds.

Roberson was charged with murder, but claimed self defense. The trial court also gave instructions on voluntary manslaughter as a lesser included offense of murder, but not at the request of Roberson’s attorney. His attorney didn’t object to any of the instructions and Roberson was convicted as charged. His conviction was upheld on direct appeal, leading Roberson to file this petition for post-conviction relief.

In James Roberson v. State of Indiana, 18A02-1204-PC-306, Roberson claimed he received ineffective assistance of trial and appellate counsel with respect to not objecting to the content of the trial court’s instructions regarding voluntary manslaughter and not challenging them on direct appeal as fundamentally erroneous. His PCR petition was denied.

The appellate judges reversed, finding Roberson’s trial attorney was ineffective.

“The jury here was not properly instructed. In addition to the legally erroneous language of instruction 13, instruction 4, defining the elements of murder, makes no mention of the State’s burden to disprove the existence of sudden heat,” Judge Michael Barnes wrote.

“It was a clearly incorrect statement of the law to inform the jury that it could only consider convicting Roberson of voluntary manslaughter instead of murder if it first found him not guilty of murder, given that the jury instruction for murder did not inform the jury that the State had to disprove the existence of sudden heat.”

The case is remanded for further proceedings consistent with the opinion.

 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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