ILNews

Divided COA: Statement on record unneeded to waive jury trial

Back to TopCommentsE-mailPrint

The majority of a Court of Appeals panel affirmed a Hendricks County man’s conviction in a bench trial of misdemeanor intimidation, but a dissenting COA judge wrote the defendant was improperly denied a jury trial and his conviction should be tossed.

Matthew Fiandt was convicted of two counts of Class A misdemeanor intimidation and one count of Class B misdemeanor harassment before Hendricks Superior Judge Mary L. Comer. The conviction was affirmed in Matthew Fiandt v. State of Indiana, 32A01-1211-CR-496.

In this case, Fiandt had requested and was granted a jury trial on July 31, 2012, within the 10-day limit for such a request since a bench trial had been continued to Aug. 14. But Fiandt’s original trial date had been scheduled for June 12, and the majority wrote that Fiandt had not made a request for a jury trial within 10 days of that date.

“Fiandt argues that he affirmatively demanded his right to be tried by a jury when he submitted his request for jury trial on July 31, 2012, prior to his bench trial scheduled for August 14, 2012. However, in order to assert the right to a jury trial in accordance with Criminal Rule 22, Fiandt was required to file his request ten days prior to his first scheduled trial date, which was June 12, 2012,” Judge Michael Barnes wrote in a majority opinion joined by Judge Mark Bailey.

“By that time, Fiandt had already waived his right to a jury trial by operation of law, no later than June 2, 2012. Fiandt did not have to make a personal, express, on-the-record statement that he was knowingly, intelligently, and voluntarily waiving his right to a jury trial,” the majority held.

Fiandt’s second appointed attorney filed a motion for a bench trial on Sept. 20, 2012, and dissenting judge Edward Najam noted that Fiandt didn’t sign the request and there was no evidence in the record that he knowingly waived his right to jury trial. “This was not a constitutionally effective waiver,” wrote Najam, who would reverse the convictions and remand for a jury trial.

“The majority’s reasoning does not take into account how Criminal Rule 22 and the Sixth Amendment work together. Our Criminal Rules cannot supersede constitutional principles or diminish a defendant’s fundamental rights,” Najam wrote, noting that the level of misdemeanor for which Fiandt was charged requires a reflection in the record that the defendant waived his right.

“In response to Fiandt’s clear showing of the Superior Court’s reversible error, the State responds by focusing not on the Superior Court’s decision but on whether Fiandt timely filed his jury trial request,” Najam wrote. “However, the State does not — presumably because it cannot — support its argument with citations to the record” showing Fiandt waived his right. “It is the State’s burden to support its argument with citations to the record, not Fiandt’s burden to disprove the State’s argument.”


 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT