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Defender’s trial strategy trumps inmate’s pro se early-trial request

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A prison inmate who asked for a public defender then said at an initial hearing he wanted to “file for fast and speedy trial too” lost his appeal that argued the court erred by not ruling on his request and his trial counsel was ineffective.

The Indiana Court of Appeals affirmed a Class C felony forgery conviction in Randy E. Black v. State of Indiana, 01A04-1310-CR-526. Black was convicted after a bench trial in Adams Superior Court.

Black, who was serving a sentence in the Department of Correction on unrelated charges, was appointed a public defender during an initial hearing, then made a verbal request for an early trial. But because a defender had been appointed, that decision was a matter of strategy allocated to defense counsel, Judge Michael Barnes wrote for the panel.

The record also does not establish that public defender Albert Anzini III’s assistance fell below an objective standard of reasonableness.

"Black provides no evidence that the decision not to pursue an early trial wasn’t a matter of strategy," Barnes wrote. "In fact, the record shows, that in March 2013, the State extended a plea offer, and Anzini hoped to have the matter resolved.

"The record also shows that Black’s incarceration in the DOC impacted Anzini’s ability to communicate with Black and to prepare a defense. At the April 23, 2013 hearing, Anzini and the State jointly moved for a continuance of the May trial date, and Anzini explained that he had 'not really had an opportunity to talk to Mr. Black in any meaningful fashion ... about his potential defenses.”





 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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