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Sunday, January 15, 2012

Ind. Courts - "Valpo law students help 'right an injustice'"

Susan Emery had this story in Saturday's NWI Times. Some quotes:

VALPARAISO | A team of Valparaiso University law students has succeeded in restoring a client's constitutional rights in a case before the Indiana Court of Appeals.

Mario Allen was convicted of attempted robbery and robbery in LaPorte Superior Court in May 2004. Determined by the court to be a habitual offender, he was sentenced to 45 years.

A public defender was appointed to represent Allen on appeal, but the attorney withdrew, citing a conflict of interest. No substitute counsel was ever appointed.

In August 2008, Allen filed a petition for permission to pursue a belated appeal. This was denied by the Court of Appeals.

Allen then sent a letter to the Valparaiso University Law Clinic seeking help. The clinic reviewed the case and decided to pursue it, law professor David Vandercoy said. * * *

In December, the Court of Appeals ruled Allen was denied assistance of appellate counsel and ordered the trial court to appoint counsel to represent him on appeal. * * *

The clinic's involvement in the case may not end there, however.

"Ideally we'd like to see a new trial," law professor Geneva Brown said.

Vandercoy said the team is considering a petition to the Indiana Supreme Court to review the Court of Appeals' decision. Law student Marlena Ragland would handle any potential case, he said.

At issue is that the Court of Appeals denied Allen's petition in 2008, then granted it in 2011. The denial allowed more time to pass before Allen could pursue his appeal, which ultimately could affect the success of his appeal, Vandercoy said.

"His trial was seven years ago," Vandercoy said. "The attorney has moved on. The court will say the trial can be reconstructed through transcripts, (but it's not the same)."

Here is the Court of Appeals Dec. 29, 2011 ruling in Mario A. Allen v. State of Indiana.

Posted by Marcia Oddi on January 15, 2012 02:05 PM
Posted to Indiana Courts