ILNews

Post-conviction relief case gets transfer

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer May 2 to a case in which the defendant was denied post-conviction relief. In Roderick Lee v. State of Indiana, No. 27A04-0705-PC-257, Lee filed a petition for relief asserting he received ineffective assistance from his trial and appellate counsel.

The Indiana Court of Appeals rejected Lee's arguments that his trial and appellate counsel - the same attorney - was ineffective because the attorney failed to argue that entering judgments on Lee's convictions of burglary and attempted robbery violate the Indiana Constitution's double jeopardy clause. However, the appellate court grappled with the proper application of the actual evidence test in terms of Lee's ineffective assistance of counsel claim and if counsel can be considered ineffective when a literal application of the actual evidence test yields no double jeopardy violation, but a more relaxed application would yield a violation. The Indiana Court of Appeals found there was a reasonable possibility the jury used the same evidentiary facts to establish the elements of burglary and attempted robbery; however, there isn't a violation of double jeopardy based on a literal application of the actual evidence test. The appellate court ruled Lee didn't prove he received ineffective trial or appellate assistance.
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  1. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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