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Man knowingly waived right to jury trial on all charges

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The Indiana Court of Appeals rejected a defendant’s argument that he only agreed to a bench trial on one of the seven charges he faced following a violent altercation with his girlfriend.

Michael Johnson punched, kicked, and hit his girlfriend, I.B., after she came home in the early morning hours after being gone all night. He accused her of cheating on him, according to the court record. After beating her, he told her to “turn around” because he wanted to have sex. I.B. said she complied because she was afraid and didn’t want to get beaten again.

Johnson was charged with and convicted of Class B felonies criminal confinement and rape; Class C felony battery; Class D felonies intimidation and strangulation; and Class A misdemeanor interfering with the reporting of a crime.

He argued that he did not knowingly waive his right to a jury trial on all of his charges, the state abused its discretion in denying Johnson the right to cross-examine I.B. about past sexual conduct, and that the state didn’t prove he committed rape and intimidation.

Johnson’s written waiver only listed one count of Class B felony criminal confinement, which was the lead, most serious charge.

“It seems unlikely that Johnson would waive his right to a jury trial on his most serious charge and not on the rest,” Judge Rudolph Pyle III wrote in Michael Johnson v. State of Indiana, 49A02-1307-CR-562.  

“Second, all of Johnson’s charges were a part of the same cause, and provision number 4 of the waiver states, ‘I hereby give up my constitutional rights to a trial by jury and ask that the case be tried by the Court without a jury.’ Under the plain language of this provision, Johnson agreed to waive his right to a jury trial of the entire case, not merely Class B felony criminal confinement. Third, Johnson’s attorney signed the waiver, which indicates that Johnson acted on the advice and information of his legal counsel when filing his waiver.”

Johnson also failed to object to being tried on all of his charges during his bench trial.

The judges also ruled Johnson was precluded from introducing evidence of I.B.’s prior sexual conduct at trial because he did not follow Evidence Rule 412’s procedural requirements. As such, he waived this issue on appeal. The judges also found the state provided sufficient evidence to support his convictions.

Judge Cale Bradford concurred in result in a separate opinion, noting that he would find Johnson waived any argument concerning I.B.’s testimony because he made no offer of proof as to what her testimony would have been.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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