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Man not prejudiced by counsel's deficient performance

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The Indiana Court of Appeals has upheld the decision to deny a man’s request for post-conviction relief, finding that although his attorney’s performance was deficient for not investigating whether a previous conviction attributed to the defendant was really his, the man couldn’t show he was prejudiced.

Brian Roberts was charged with burglary and theft, and the state filed a motion to add an allegation that Roberts was a habitual offender. The motion included a 1996 burglary conviction that belonged to another Brian Roberts. Roberts told his attorney that the 1996 conviction wasn’t his, but the attorney never investigated the matter.

As part of a plea agreement to Class B felony burglary and Class D felony theft, Roberts’ attorney and the state agreed the state wouldn’t pursue the motion to amend the charging information to add the habitual offender allegation in exchange for Roberts’ guilty plea. There was no written plea agreement presented to the court. Before he was sentenced, Roberts tried to have the guilty plea withdrawn, but the motion was denied and he was sentenced to 20 years with five years suspended.

His sentence was upheld on direct appeal, so Roberts filed a motion for post-conviction relief, claiming that he was told if he didn’t plead guilty, he’d face a 30-year sentence for the habitual offender enhancement. The post-conviction court denied his motion for relief.

In Brian Roberts v. State of Indiana, No. 24A04-1011-PC-726, the Court of Appeals affirmed that Roberts’ plea was knowing, intelligent, and voluntary. He knew the 1996 conviction wasn’t his, so he didn’t believe he was eligible for the enhancement. Therefore, the state’s threat to pursue the amendment to add the habitual offender count couldn’t have been his main motivation to plead guilty, wrote Judge Paul Mathias.

His trial counsel should have investigated whether the 1996 conviction was not Roberts’, but that failure wasn’t so material to his decision to plea guilty because he knew that he was not a habitual offender, the judge continued. Roberts’ attorney was also arguably deficient by allowing Roberts to plead guilty without a written plea agreement, but Roberts didn’t establish prejudice due to his attorney’s deficient performance.

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  • huh?
    let me get this right. he plead in exchange for them to drop the habitual offender charge, which was based on a conviction that wasnt his-- and his lawyer, clueless, told him to take the deal because he never bothered with checking that even though his client told him so? and thats not ineffective assistance of counsel? is it supposed to be effective? he gave up something for nothing and thats not being harmed? wow. Gee I hope I dont draw the wrong lawyer card in Indiana if I ever get in trouble.

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. 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!!!

  3. 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?

  4. 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?

  5. 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.

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