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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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