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Man’s Sixth Amendment right not violated

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The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.

Randy Johnson had written to Monroe Circuit Judge Teresa Harper complaining that his public defender, Patrick Schrems, was ignoring his case. Johnson faced a child molesting charge, of which he was later convicted. Judge Harper forwarded the complaint to the county public defender’s office and told Johnson her authority was limited and it was up to the public defender’s office to assign public defenders. Judge Harper and Johnson took no further action on the matter before trial and Johnson and his attorney didn’t raise any objections to the representation at trial or the sentencing hearing.

On appeal, Johnson argued his Sixth Amendment right to effective assistance of counsel was violated by the trial judge when she didn’t conduct an adequate inquiry into his letter. He brought up other issues on appeal, but the Supreme Court only addressed this one in its decision. The justices also disagreed with the Court of Appeals’ decision to grant the state’s motion to strike portions of Johnson’s appellate brief that referenced Schrems’ previous discipline. The justices held their decisions imposing discipline against Schrems were before the trial court and the Court of Appeals to the same extent as their decisions in other litigated matters.

Turning to Johnson’s Sixth Amendment claim, the justices unanimously held his constitutional right hadn’t been violated. He claimed a conflict of interest existed between him and Schrems because the attorney didn’t interview certain witnesses. He claimed his conviction should be reversed under Holloway v. Arkansas, 435 U.S. 475 (1978), because the judge didn’t conduct an adequate inquiry when it responded that it could do nothing but send the complaint to the public defender’s office.

The high court rejected his argument in Randy Edward Johnson v. State of Indiana, No. 53S01-1106-CR-335, noting Johnson failed to allege even a potential conflict of interest or that his attorney’s loyalties were divided between Johnson and another client.

The justices also noted that in the future, under similar circumstances, a judge should do more than just pass the complaint along.

“Although indigent defense counsel must have professional independence, judges cannot take a complete ‘hands-off’ approach and totally rely on a bureaucratic agency,” wrote Justice Frank Sullivan, noting the U.S. would develop problems similar to those in England, in which there was an over-bureaucratizing of public legal services.

“To be sure, trial court judges often receive letters from disgruntled defendants complaining about their appointed lawyers, and many of these complaints – we are willing to assume most – will be unfounded. But in instances like this, where appointed counsel has a track record of the professional misconduct complained of, the judge should at minimum require assurance from the public defender’s office that the issue will be resolved. This would neither inhibit the independence of public defenders nor impose an onerous burden on our trial judges,” he wrote.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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