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Saturday, October 17, 2009
Ind. Decisions - "Conviction tossed in 1989 rape case, new trial granted"
Brian E. Mast v. State of Indiana, a 2-1, 3-opinion decision issued by the COA October 13th (see ILB summary here, 3rd case), is the subject of a long story today by Rebecca S. Green in the Fort Wayne Journal Gazette. Some quotes:
The Indiana Court of Appeals ordered a new trial this week in a 20-year-old rape case, overturning a guilty plea reached two decades ago because the defendant had ineffective counsel.In January 1988, Allen County prosecutors charged Brian E. Mast, then 22, with rape, criminal deviate conduct, battery and burglary. Seven months later, Mast pleaded guilty – admitting to breaking into an apartment and beating and raping a woman, then stabbing her in the chest with a knife.
Allen Superior Court Judge Philip Thieme sentenced Mast to 30 years in prison. But throughout the case, questions were raised about Mast’s competency and mental health, and the judge allowed the plea and the sentencing to occur before all the reports concerning Mast’s mental state were received and reviewed.
That, the appellate court said, is reason for a new trial. * * *
Bryan Corbin, a spokesman for Attorney General Greg Zoeller, could not comment on Mast’s case specifically but said the attorney general’s office works closely with prosecutors to hear their concerns and to see whether there’s a basis to ask the state Supreme Court to hear the case.
For now, Mast, 43, remains at the New Castle Psychiatric Unit of the Indiana Department of Correction.
He is scheduled for release in April 2014, having served nearly his entire prison sentence.
His court file, which fills two oversized folders, is full of his own handwritten legal motions and briefs.
Posted by Marcia Oddi on October 17, 2009 09:28 AM
Posted to Ind. App.Ct. Decisions