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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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