Joseph J. Scott v. State of Indiana
2013 Ind. App. LEXIS 141
| Ind. Ct. App. | 2013Background
- Scott, BAC 0.18, fled a police stop, causing a death in Merrillville.
- Charges: Count I (OWI with BAC ≥0.18 causing death), Count II (resisting law enforcement causing death), Count III (reckless homicide), Count IV (criminal recklessness).
- Pled guilty to Counts I and II; Counts III/IV were subsumed; sentences: 15 years each, consecutive, with 5 years of Count II suspended to a forensic diversion program.
- Trial court found youth and remorse mitigating; aggravators included prior history and ongoing drug/alcohol issues.
- Scott did not appeal; filed a PCR in 2011 alleging ineffective assistance and fundamental error in consecutive sentencing; post-conviction court denied relief.
- Court remands to impose 23-year aggregate sentence after finding ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel’s ineffective assistance prejudiced Scott | Scott据 counsel misled him about maximum sentence | State contends no prejudice shown | Yes; ineffective assistance established |
| Whether consecutive sentences constitute fundamental error | Freestanding error claim not available on PCR | Error not reviewable on PCR as freestanding | Issue not preserved on direct appeal; PCR analysis focused on ineffective assistance |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong ineffective-assistance standard)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice in guilty plea context requires showing would have gone to trial)
- Pierce v. State, 761 N.E.2d 826 (Ind. 2002) (double jeopardy-type harm reduction in multiple convictions)
- Carter v. State, 424 N.E.2d 1047 (Ind. Ct. App. 1981) (one cannot be sentenced for both OWI death and reckless homicide; remedy reduces to lesser conviction)
- Dawson v. State, 612 N.E.2d 580 (Ind. Ct. App. 1993) (reiterates reduction remedy to avoid punishment for same death)
- Vermillion v. State, 719 N.E.2d 1201 (Ind. 1999) (stricter review of prejudice/prong in PCR)
- Smith v. State, 565 N.E.2d 1114 (Ind. Ct. App. 1991) (reasonable probability standard for plea-ineffectiveness prejudice)
- Hall v. State, 849 N.E.2d 466 (Ind. 2006) (standard for reviewing post-conviction findings)
- Martin v. State, 760 N.E.2d 597 (Ind. 2002) (freestanding direct-appeal rule for claims)