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Judge rejects Charlie White’s claim of ineffective counsel

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Former Secretary of State Charlie White has been ordered to begin serving his sentence for violating Indiana’s election law after his petition for post-conviction relief was denied.

White claimed his counsel, former Marion County Prosecutor Carl Brizzi, provided ineffective assistance and did not present material facts to the jury. Hamilton Superior Court Judge Daniel Pfleging rejected all of White’s arguments and granted the state’s motion for execution of sentence.

The judge issued an order Dec. 23 that White begin serving his sentence of one year of home detention on Jan. 10, 2014. White was convicted of six criminal counts, all Class D felonies, including voter fraud and providing a false address on his voter registration form.

White’s attorney, Andrea Ciobanu, indicated they would be appealing Pfleging’s ruling.   

“Mr. White had to request a David Hatton Proceeding because his appellate counsel did not believe the issues were properly preserved in order to pursue a direct appeal,” Ciobanu stated. “Now that the record was supplemented through our work during the PCR proceedings, Mr. White is now able to pursue his direct appeal and intends to do so, focusing on the legal factors of residency, as outlined in Indiana Code 3-5-5.”  

The court showed little patience for White’s contention that Brizzi’s decision not to call any witnesses or present evidence was detrimental to his defense.

Pfleging found each of the witnesses White wanted to testify, including his wife, Michelle, and ex-wife, Nicole, had significant problems with their statements that created credibility problems which would have caused more harm than good during trial.

“The testimony of Petitioner’s own witnesses underscored and amplified the very difficult situation in which Attorney Brizzi found himself at trial,” Pfleging wrote. “Each witness’s testimony was fraught with pitfalls that ultimately could have proven disastrous for the defendant, from the multiple statements made under oath by defendant-petitioner’s wife and former wife to the dubious credibility of his ‘expert’ witness. Michelle White, in and of herself, could well have proved to be a highly damaging witness against her own husband had she taken the stand and perjured herself.”




 

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  • No prison time
    The prior comment about "prison time" is incorrect, as White was sentenced to home detention, community service, and a fine, there was no jail time. And it was not "politically motivated either", about which I have previously written. Two Republican judges in a Republican county, and a Grand Jury and trial jury, have all held against White. He simply cannot accept responsibility for his acts.
  • disagree, newsworthy topic
    The prosecution of white was politically motivated, sure, but that is sauce for the goose and the gander alike. There is no bias in covering this story and the idea that this newspaper's coverage of his saga is the proximate cause of his incarceration is silly. The fellow was an elected official hence very newsworthy and so are his travails. The judge made a sound decision in this case and the article covers it fairly. Brizzi's defense was plenty competent. White worsens his own situation by ringing the bell all over again.
  • No Mens Rea
    I know Charlie and do not believe he had mens rea to commit a felony violation of the election laws. Were it not for the Indianapolis Star's attempt to boost its circulation by its vendetta against him, this would have been dropped long ago. While his actions were, no doubt, ill-advised and foolish, there is no reason for him to be a felon and do prison time.

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    1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

    2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

    3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

    4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

    5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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