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Divided COA: Statement on record unneeded to waive jury trial

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The majority of a Court of Appeals panel affirmed a Hendricks County man’s conviction in a bench trial of misdemeanor intimidation, but a dissenting COA judge wrote the defendant was improperly denied a jury trial and his conviction should be tossed.

Matthew Fiandt was convicted of two counts of Class A misdemeanor intimidation and one count of Class B misdemeanor harassment before Hendricks Superior Judge Mary L. Comer. The conviction was affirmed in Matthew Fiandt v. State of Indiana, 32A01-1211-CR-496.

In this case, Fiandt had requested and was granted a jury trial on July 31, 2012, within the 10-day limit for such a request since a bench trial had been continued to Aug. 14. But Fiandt’s original trial date had been scheduled for June 12, and the majority wrote that Fiandt had not made a request for a jury trial within 10 days of that date.

“Fiandt argues that he affirmatively demanded his right to be tried by a jury when he submitted his request for jury trial on July 31, 2012, prior to his bench trial scheduled for August 14, 2012. However, in order to assert the right to a jury trial in accordance with Criminal Rule 22, Fiandt was required to file his request ten days prior to his first scheduled trial date, which was June 12, 2012,” Judge Michael Barnes wrote in a majority opinion joined by Judge Mark Bailey.

“By that time, Fiandt had already waived his right to a jury trial by operation of law, no later than June 2, 2012. Fiandt did not have to make a personal, express, on-the-record statement that he was knowingly, intelligently, and voluntarily waiving his right to a jury trial,” the majority held.

Fiandt’s second appointed attorney filed a motion for a bench trial on Sept. 20, 2012, and dissenting judge Edward Najam noted that Fiandt didn’t sign the request and there was no evidence in the record that he knowingly waived his right to jury trial. “This was not a constitutionally effective waiver,” wrote Najam, who would reverse the convictions and remand for a jury trial.

“The majority’s reasoning does not take into account how Criminal Rule 22 and the Sixth Amendment work together. Our Criminal Rules cannot supersede constitutional principles or diminish a defendant’s fundamental rights,” Najam wrote, noting that the level of misdemeanor for which Fiandt was charged requires a reflection in the record that the defendant waived his right.

“In response to Fiandt’s clear showing of the Superior Court’s reversible error, the State responds by focusing not on the Superior Court’s decision but on whether Fiandt timely filed his jury trial request,” Najam wrote. “However, the State does not — presumably because it cannot — support its argument with citations to the record” showing Fiandt waived his right. “It is the State’s burden to support its argument with citations to the record, not Fiandt’s burden to disprove the State’s argument.”


 

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  1. 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.

  2. 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

  3. 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

  4. 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

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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