Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rose v. State

Court of Appeals of Indiana

February 28, 2019

Jesse L. Rose, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

          APPELLANT PRO SE Jesse L. Rose Carlisle, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Chandra K. Hein Deputy Attorney General Indianapolis, Indiana

          Appeal from the Cass Superior Court The Honorable Rick Maughmer, Judge Trial Court Cause No. 09D02-1404-PC-5

          MAY, JUDGE.

         [¶1] Jesse L. Rose, pro se, appeals the post-conviction court's denial of his petition for post-conviction relief. He argues the post-conviction court did not hold a procedurally fair hearing and did not enter adequate findings of fact and conclusions of law. We affirm.

         Facts and Procedural History

         [¶2] In 2012, Rose was convicted of four counts of Class A felony child molest.[1] We affirmed that conviction in a memorandum opinion. See Rose v. State, 09A05-1205-CR-251, 984 N.E.2d 256 (Ind.Ct.App. Feb. 15, 2013), trans. denied.

         [¶3] On April 30, 2014, Rose filed a petition for post-conviction relief ("PCR"). In his petition, he alleged ineffective assistance of trial counsel, insufficient evidence to support his conviction, and inappropriate sentence. A public defender was appointed, but the public defender's office subsequently withdrew its appearance from the case. Rose requested and was granted a subpoena for trial court counsel Michael Boonstra. On July 11, 2017, the PCR court held a hearing on the petition, wherein Rose proceeded pro se.

         [¶4] When asked to present his case, Rose asked if Boonstra would "be here?" (Tr. Vol. II at 8.) The PCR court assured Rose that Boonstra had been subpoenaed and had "better be here. But as a witness, not as your attorney." (Id.) It appears, from the transcript and the parties' briefs, Boonstra must not have been in the courtroom during this exchange but arrived later. Rose proceeded to present various documents as evidence and then testified for himself.

         [¶5] When asked if he had additional witnesses, Rose responded, "I don't have no witnesses. I just got really questions from, from my attorney, ex-attorney whatever." (Id. at 40.) However, when then asked, "Do you have other witnesses that you would like to call?[, ]" (id.) Rose did not call Boonstra. The PCR court asked him again, "So, do you want to call anybody else?" (Id.) Rose responded, "Nope. I really don't have nobody else." (Id.)

         [¶6] The PCR court then allowed both Rose and the State to present closing arguments. As the PCR court was concluding the proceedings, the following exchange occurred:

THE COURT: Okay. All right. All parties rest. The Court has the case. I will make a decision within 90 days --
MR. ROSE: Hang on. Wait.
THE COURT: -- I think is [sic] the time limit of [sic] today.
MR. ROSE: I thought he, I thought he was going to be up here.
THE COURT: Excuse me?
MR. ROSE: I got questions that I wanted to question him.
THE COURT: I asked you several times if you had witnesses.
MR. ROSE: Yeah. Yeah. That's what I was meaning by him. I wanted, I wanted to question him.
THE COURT: The evidence is closed, Jessie [sic]. I was very polite to you --
MR. ROSE: I didn't, I didn't, I didn't, I didn't under, see I got all my stuff right here. That's what I, that's what I was waiting on. That's why I said, well that's Boonstra. I didn't know (indiscernible). He's back there.
THE COURT: He's been here the whole time.
MR. LUPKE: Mr. Rose just indicated he knew Mr. Boonstra was here and that --
MR. ROSE: Right. I'm saying --
MR. LUPKE: -- he indicated he knew he was here.
* * * * *
MR. ROSE: I needed to ask, I needed to ask all of my questions.
THE COURT: Jessie [sic], I gave you a chance to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.