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Charlie White stays free pending appeal

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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.


 

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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