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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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