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Court erred in denying court-appointed counsel

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The Indiana Court of Appeals reversed a man's convictions because the trial court failed to adequately ascertain whether he was indigent for purposes of court-appointed counsel.

In Bradley G. Shively v. State of Indiana, No. 12A02-0903-CR-235, Bradley Shively requested a court-appointed attorney at his initial hearing on charges of domestic battery, criminal confinement, and battery. The trial court denied his request at the initial hearing after asking how much money he made, if he had a house or car, and how much money he had in his checking account.

Shively moved to continue his trial and again asked for a court-appointed attorney. A different judge also denied his request. Shively proceeded pro se and was convicted on the charges.

Before sentencing, the trial judge that held the first indigency hearing conducted a more in-depth examination of Shively's finances and then appointed him counsel for sentencing.

While there is no set specific financial guideline for the determination of indigency, the trial court should have done a more thorough inspection of Shively's finances at his first hearing, the appellate court ruled. Both hearings provided just a rough estimate of his finances, and the record shows at his second hearing, Shively's financial situation was much worse. There weren't discussions of his obligations to his children, any debt payments or other fixed obligations, wrote Judge Michael Barnes.

The judge noted it's telling that Shively was appointed counsel after trial but before sentencing and found indigent for the purposes of this appeal. There doesn't appear to be any changes to his financial status between the second pre-trial hearing and the indigency hearing that happened after trial.

"If Shively was indigent for purposes of sentencing and appeal, it is difficult to perceive why he was not indigent for purposes of trial; there does not appear to have been any marked changed in Shively's financial status, particularly between the second pre-trial indigency hearing and the post-trial hearing," he wrote. "Although we understand the reluctance of a trial court to appoint an attorney for one who may be 'gaming the system,' in this instance we do not believe sufficient care was given to a close examination of Shively's financial situation."

Judge Barnes wrote as the case stands now, Shively is still indigent and should be considered so for the purposes of further proceedings on remand unless there is evidence his financial situation has markedly improved.

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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