Mast v. State

914 N.E.2d 851, 2009 Ind. App. LEXIS 2146, 2009 WL 3270189
CourtIndiana Court of Appeals
DecidedOctober 13, 2009
Docket02A05-0811-PC-644
StatusPublished
Cited by10 cases

This text of 914 N.E.2d 851 (Mast v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mast v. State, 914 N.E.2d 851, 2009 Ind. App. LEXIS 2146, 2009 WL 3270189 (Ind. Ct. App. 2009).

Opinions

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Petitioner, Brian E. Mast (Mast), appeals the post-conviction court's denial of his Petition for Post-Convietion Relief.

We reverse and remand.

ISSUE

Mast raises three issues on appeal, one of which we find dispositive and which we restate as: Whether Mast received ineffective assistance of trial counsel.

FACTS AND PROCEDURAL HISTORY

On January 26, 1989, the State charged Mast with Count I, rape, as a Class A felony, Ind.Code § 35-42-44; Count II, criminal deviate conduct, as a Class A felony, I.C. § 35-42-4-2(1); Count III, burglary, as a Class A felony, 1.C. § 35-48-2-1; and Count IV, battery, as a Class C felony, .C. § 385-42-2-1. On June 1, 1989, Mast's initial trial counsel filed a Notice of Defense of Mental Disease or Defect and a Motion to Suppress Statements. A hearing on those two motions was set for later that month. On June 27, 1989, pursuant to Indiana Code section 35 36-3-1, the trial court appointed Doctors John Rathbun (Dr. Rathbun) and Herbert Trier (Dr. Trier) to examine and evaluate Mast as to his competency to stand trial and to his sanity at the time of the alleged offenses. On July 25, 1989, Dr. Rathbun sent an evaluation to the trial court, which was filed on August 3, 1989. Dr. Rathbun elaborated in his letter that when he interviewed Mast, Mast was brought to the examination shackled in a padded one-piece garment. Dr. Rathbun concluded that while Mast did not "show depressed affect, express delusional thinking or appear to be hallucinating," due to muscular rigidity Mast exhibited during the interview, Dr. Rathbun was nevertheless unable to form a definite opinion regarding Mast's competency to stand trial (Appellant's App. Vol. II, p. 97). He also stated that repeated interviews would be necessary to establish his mental condition and suggested that Mast be incarcerated in a maximum security forensic psychiatry unit to be evaluated by physicians 24 hours a day.

On July 31, 1989, Mast planned to enter a plea agreement with the State. Howeyver, during the hearing, Mast claimed not to remember the facts surrounding the event and withdrew the agreement.1 However, four days later on August 3, 1989, Mast, while represented by a substitute counsel,2 [854]*854pled guilty pursuant to the terms of the previous plea agreement. It is not clear from the record whether Dr. Rathbun's report, which was mailed July 25, 1989, but filed by the clerk on August 3, 1989, was before the trial court during the plea agreement.

On August 7, 1989, Dr. Trier sent the trial court an evaluation, stating he had examined Mast and concluded:

Although this man does not present a classical case of psychosis his thinking can at time[s] be so chaotic although his behavior apparently is under control. His behavior problems have existed for so long that I doubt that he has the ability to meaningfully help in his defense or understand thoroughly the nature of the charges against him.

(Appellant's App. Vol. II, p. 100). Dr. Trier also commented that Mast had a bandage on his right arm due to the fact that he "bit out the flesh" on his arm and the taping was necessary to keep him from doing it again. (Appellant's App. Vol. II, p. 100). Mast also had "residual scarring" likely from "prior suicidal attempts." (Appellant's App. Vol. II, p. 100). Dr. Trier's evaluation was addressed to the wrong trial judge and did not arrive before the plea hearing. Additionally, the evaluation was dated August 7, 1989, and would not have arrived in time for the guilty plea hearing which took place on August 3, 1989.

On August 28, 1989, the trial court sentenced Mast pursuant to the plea agreement, which provided that Mast would be sentenced to concurrent terms of thirty years on Counts I and II, and five years consecutively on Count IV, resulting in an aggregate term of thirty years imprisonment.

On November 27, 1990, Mast filed a pro se Petition for Post-Conviction Relief. On August 4, 1994, Mast, with counsel, moved to withdraw his petition without prejudice. On October 15, 2001, Mast filed a second pro se petition which was amended by counsel on November 27, 2006. On April 283, 2008, a post-conviction hearing was held. During the post-conviction hearing, the post-conviction court asked whether Dr. Rathbun's report had been received by the trial court:

[PCR COURT]: I want to just-And I know this was a long time ago, [counsel], but going back to the July 31st hearing, Mr. Mast does not ask you about the mental health reports coming back and you say at that time something has come back or yes to the question.
[TRIAL COUNSEL]: Okay. He says, "I was-I-I'll sign it. Did the reports come back from my mental health yet?" and I said "Yes."
[PCR COURT]: So you must have had at least one of the reports back by then or you would not have answered in the affirmative, would you?
[TRIAL COUNSEL]: No. I must have had something back.

(Tr. pp. 56-57). However, later on in the transcript of the post-conviction hearing, it was noted that the report was not actually file stamped by the trial court until August 3, 1989. When asked by the post conviection court whether the initial trial counsel received any discovery after April 11, 1989, he stated:

No. I don't-I don't know. I do know that it-I would have received anything [the State] had; and basically, this document has a file mark of August 3rd on it

(Tr. p. 61). On September 18, 2008, the post-conviction court issued Findings of [855]*855Fact and Conclusions of Law denying Mast's Petition for Post-Conviction Relief. (1984), reh'g denied. The defendant must prove (1) his or her counsel's performance fell below an objective standard of reasonableness based on prevailing professional norms, and (2) there is a reasonable probability that, but for counsel's failure to meet prevailing professional norms, the result of the proceeding would have been different. Johnson v. State, 832 N.E.2d 985, 996 (Ind.Ct.App.2005), reh'g denied, trans. denied (citing Strickland, 466 U.S. at 690, 104 S.Ct. 2052). Essentially, the defendant must show that counsel was deficient in his or her performance and the deficiency resulted in prejudice. Johnson, 832 N.E.2d at 1006. Because all criminal defense attorneys will not agree on the most effective way to represent a client, "isolated mistakes, poor strategy, inexperience, and instances of bad judgment do not necessarily render representation ineffective." Bieghler v. State, 690 N.E.2d 188, 199 (Ind.1997), reh'g denied, cert. denied, 525 U.S. 1021, 119 S.Ct. 550, 142 L.Ed.2d 457 (1998). Thus, there is a strong presumption that counsel rendered adequate assistance and used reasonable professional Judgment. Timberlake v. State, 753 N.E.2d 591, 603 (Ind.2001). If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, that course should be followed. Id.

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Mast v. State
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Bluebook (online)
914 N.E.2d 851, 2009 Ind. App. LEXIS 2146, 2009 WL 3270189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mast-v-state-indctapp-2009.