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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. 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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