ILNews

Charlie White stays free pending appeal

Back to TopCommentsE-mailPrint

Convicted former Secretary of State Charlie White’s sentence of one year of home detention will not be executed pending his post-conviction relief appeal, a judge ruled last week.

White’s attorney Andrea Ciobanu said a motion to stay execution of the sentence was granted Jan. 8 by Hamilton Superior Judge Daniel Pfleging. White filed a notice of appeal on Dec. 30, after the court rejected his claim of ineffective assistance of counsel.

Pflegling issued an order denying White’s post-conviction claim on Dec. 23, at which time he also ordered White to begin serving his sentence this month. White sought relief from his conviction of six Class D felony criminal counts including voter fraud, voting in another precinct, theft, and providing a false address on his voter identification card.

Pfleging on Jan. 8 stayed the execution of White’s sentence until the PCR petition is reviewed by the Court of Appeals, according to Ciobanu. “We are satisfied we supplemented the record so he’s able to pursue a direct appeal at this time,” she said.

White’s convictions have been upheld by the appellate courts, but he is seeking post-conviction relief on his argument that he received ineffective assistance from his trial counsel, former Marion County Prosecutor Carl Brizzi.

Pfleging rejected White’s PCR argument that he was damaged when Brizzi didn’t call White’s wife or ex-wife to testify. The judge wrote that each witness’s testimony was “fraught with pitfalls that ultimately could have proven disastrous” for White.

White also has sued Brizzi for legal malpractice before Marion Superior Judge David Shaheed. Brizzi’s motion to dismiss that suit is pending, and no further court dates had been docketed as of Tuesday.


 

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