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Defender’s trial strategy trumps inmate’s pro se early-trial request

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A prison inmate who asked for a public defender then said at an initial hearing he wanted to “file for fast and speedy trial too” lost his appeal that argued the court erred by not ruling on his request and his trial counsel was ineffective.

The Indiana Court of Appeals affirmed a Class C felony forgery conviction in Randy E. Black v. State of Indiana, 01A04-1310-CR-526. Black was convicted after a bench trial in Adams Superior Court.

Black, who was serving a sentence in the Department of Correction on unrelated charges, was appointed a public defender during an initial hearing, then made a verbal request for an early trial. But because a defender had been appointed, that decision was a matter of strategy allocated to defense counsel, Judge Michael Barnes wrote for the panel.

The record also does not establish that public defender Albert Anzini III’s assistance fell below an objective standard of reasonableness.

"Black provides no evidence that the decision not to pursue an early trial wasn’t a matter of strategy," Barnes wrote. "In fact, the record shows, that in March 2013, the State extended a plea offer, and Anzini hoped to have the matter resolved.

"The record also shows that Black’s incarceration in the DOC impacted Anzini’s ability to communicate with Black and to prepare a defense. At the April 23, 2013 hearing, Anzini and the State jointly moved for a continuance of the May trial date, and Anzini explained that he had 'not really had an opportunity to talk to Mr. Black in any meaningful fashion ... about his potential defenses.”





 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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