ILNews

Man can't prove ineffective lawyer assistance

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.

Ashanti Clemons was questioned by police for the 2005 shooting of Prentice Webster. Clemons signed the advice of rights/waiver of rights form and claimed he understood the statements on the form. Clemons admitted to carrying a gun without a license and that he fired the gun. The state charged him with Class A felony voluntary manslaughter and Class C felony carrying a handgun without a license. At his first trial, he was convicted of the handgun charge, which he appealed, arguing the trial court shouldn’t have admitted his statements to the police. Clemons claimed police didn’t stop the interview when he requested counsel. The trial court held Clemons’ comments didn’t constitute an unequivocal request for an attorney.

On retrial, he was convicted of the manslaughter charge, which the COA previously affirmed. His appellate counsel did not seek transfer.

In Ashanti Clemons v. State of Indiana, No. 49A02-1108-PC-737, Clemons claims that Brian Lamar, his trial attorney, was ineffective because he conceded that Clemons’ request for counsel during the interrogation was equivocal and because he didn’t get school records before the first trial to prove Clemons has a low IQ.

The COA agreed with the decision by another panel of the court on Clemons’ direct appeal that his statements weren’t an unequivocal request for counsel, so he can’t prove that Lamar performed deficiently on this point. The appellate court also found that Lamar attempted to obtain the school records before the first trial but was unable to secure them through no fault of his own.

Clemons also didn’t prove that his appellate attorney, Julie Slaughter, was ineffective for not filing a petition to transfer from his voluntary manslaughter conviction. Clemons may still seek review by the Indiana Supreme Court by appealing the instant decision, so he has not been procedurally defaulted, the judges ruled.

 

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