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Judges order new trial due to counsel’s deficient performance

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A Marion County man was prejudiced by his counsel’s error of not timely filing a request for a jury trial, so the Indiana Court of Appeals ordered a new trial on his Class A misdemeanor resisting law enforcement conviction.

Willis Pryor was represented by four different public defenders by the time his bench trial began Jan. 23, 2012. He claimed that he asked for a jury trial at a Nov. 1, 2011, hearing, although he and his attorney at the time signed a form stating there would be a bench trial in January. A different attorney then filed Pryor’s request for a jury trial on Jan. 17, 2012, but inadvertently miscalculated the deadline date. The motion was denied as untimely, and Pryor was convicted at a bench trial.

The Court of Appeals reversed in Willis Pryor v. State of Indiana, 49A02-1202-CR-101, finding trial counsel’s failure to preserve Pryor’s right to a jury trial denied him effective assistance of counsel. His counsel’s performance was deficient and he was prejudiced by it. The judges cited Stevens v. State, 689 N.E.2d 487 (Ind. Ct. App. 1997), and Lewis v. State, 929 N.E.2d 261 (Ind. Ct. App. 2010), in support of his argument that failure to file a timely demand was a mistake and not a choice or trial strategy by his attorney.

“Based upon the record, we find that the failure of Pryor’s counsel to timely file a written request for a jury trial fell below the range of professionally competent representation,” Judge Elaine Brown wrote.

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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