Court reverses decision denying trial counsel appointment

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The Indiana Court of Appeals has determined a Jay Superior judge didn’t look at a defendant’s “total financial picture” when assessing his need for a court-appointed attorney. It has ordered a new indigency evaluation and trial for the misdemeanor battery charge.

A three-judge panel ruled today in Zachariah D. Reese v. State of Indiana, No. 38A05-1104-CR-171, reversing and remanding the case from Jay Superior Judge Max C. Ludy Jr.

Reese had been charged in 2010 with battery resulting in bodily injury, and at an initial hearing the 25-year-old requested the court appoint an attorney to represent him. He told the judge about his $7.25 an hour job at a fast food restaurant and how he had little money after his rent, bills, and necessary expenses. The judge denied his request for court-appointed counsel after determining Reese wasn’t “totally without funds in order to hire an attorney” and that he should have some money left over each week to put toward a lawyer.

Four months later, Reese renewed his request and told the court that he had taken a new higher-paying job but had been laid off and was without any income. Reese said he wasn’t able to save any money to hire an attorney and that he wasn’t going to immediately receive any tax refund money because he didn’t file electronically. The court continued the bench trial for the end of March and ordered that Reese use some of the $1,500 tax refund he expected to put toward an attorney.

Reese didn’t have an attorney at the trial on March 30, and the court found him guilty of battery and sentenced him to one year, with all but 90 days suspended for probation. The judge then conducted an indigency hearing for appeal, and after listening to testimony found Reese was indigent and appointed appellate counsel.

Looking at Reese’s situation and how the court inquired about his finances at all the hearings, the appellate court found the judge should have done a more thorough job in assessing indigency. Specifically, the trial court didn’t inquire in February about the bills Reese had to pay and instead focused on the fact that Reese hadn’t saved any money since the initial hearing.

The court relied on Redmond v. State, 518 N.E. 2d 1095, 1095 (Ind. 1988) and Hall v. State, 826 N.E.2d 99, 105 (Ind. Ct. App. 2005), dealing with indigency and trial court discretion in appointing counsel.

“While we are reluctant to override a trial court’s determination of a criminal defendant’s indigency, it is apparent from the record that Reese lacked the resources to employ an attorney,” Judge Elaine Brown wrote for the panel, which included Judges John Baker and James Kirsch. “In short, ordering Reese to retain private counsel in his circumstances would indeed result in a substantial financial hardship. Based upon the record and Reese’s ‘total financial picture,’ we conclude that the trial court erred in refusing to appoint trial counsel to represent him.”



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  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.