ILNews

Man not prejudiced by counsel's deficient performance

Back to TopCommentsE-mailPrintBookmark and Share


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 Before he was sentenced, Roberts tried to have the guilty plea withdrawn, but the motion was denied and he was sentenced to 20 years with five years suspended.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.

ADVERTISEMENT

  • 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.

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. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(https://www.affordablebackgroundchecks.com/).

  2. Almost everything connects to internet these days. From your computers and Smartphones to wearable gadgets and smart refrigerators in your home, everything is linked to the Internet. Although this convenience empowers usto access our personal devices from anywhere in the world such as an IP camera, it also deprives control of our online privacy. Cyber criminals, hackers, spies and everyone else has realized that we don’t have complete control on who can access our personal data. We have to take steps to to protect it like keeping Senseless password. Dont leave privacy unprotected. Check out this article for more ways: https://www.purevpn.com/blog/data-privacy-in-the-age-of-internet-of-things/

  3. You need to look into Celadon not paying sign on bonuses. We call get the run

  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

ADVERTISEMENT