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White claims Brizzi ‘ignorant’ of law, jurors wowed by Super Bowl

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Former Secretary of State Charlie White says his convictions on six charges ranging from vote fraud to theft should be tossed because they violated state and federal law. He also claims that his lawyer, former Marion County Prosecutor Carl Brizzi “was ignorant of the law.”

White’s petition for post-conviction relief also includes a litany of public officials he claims played fast and loose with voter registration information. White, a Republican from Fishers, was convicted last year. He was sentenced to one year of in-home detention and later removed from office and suspended from the bar. His convictions stemmed from accusations that he lied about his address on voter registration forms and didn’t live in the home he listed for voting purposes.

Hamilton Superior Judge Steve Nation as a condition of sentencing ruled White won’t begin serving his sentence until the post-conviction relief process is concluded. On March 15, White filed a 79-page post-conviction relief petition in Charles P. White v. State of Indiana, 29D01-1303-PC-2053.

White’s attorney, Andrea L. Ciobanu, argues that Brizzi failed to present a defense or move for a directed verdict, and that “Brizzi incriminated White with a jury nullification theme.” Ciobanu said White also is entitled to relief from his sentence because, among other things, he was convicted of the same offense more than once.

“The most egregious error is that Brizzi failed to present material evidence at trial, in fact, Brizzi failed to present any defense. The evidence was readily available for Brizzi to present,” Ciobanu wrote.

Ciobanu did not immediately return requests for comment on Friday.

The petition alleges a political witch hunt and a jury that was under duress because it was forced to deliberate past 11 p.m. on a weekend when Indianapolis was hosting the Super Bowl and no hotel rooms were available for sequestration. “There were free parties, concerts, and not to mention time to spend with friends and family. I am sure this court did not recognize the impact that such actions had on the jury,” Ciobanu wrote.

The petition also includes pages of other politicians who listed questionable voter registration information, including Gov. Mike Pence, former Gov. Mitch Daniels, former Sens. Birch Bayh and Evan Bayh, current Sen. Dan Coats, and former Vice President Dick Cheney.

A Hamilton County jury in February 2012 found White guilty of false registration, voting in another precinct, falsifying a voter registration form, submitting a false registration application, listing a false address on a marriage application and theft for receiving a salary as a de facto member of the Fishers Town Council.

Nation has set an Aug. 15 hearing on White’s post-conviction relief petition.

 

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

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