McCraney v. State, No. 3-1078A273

Docket NºNo. 3-1078A273
Citation388 N.E.2d 283, 180 Ind.App. 190
Case DateApril 11, 1979
CourtCourt of Appeals of Indiana

Page 283

388 N.E.2d 283
180 Ind.App. 190
Larry Charles McCRANEY, Appellant,
v.
STATE of Indiana, Appellee.
No. 3-1078A273.
Court of Appeals of Indiana, Third District.
April 11, 1979.

[180 Ind.App. 191] Diane Dickinson Brown, Highland, for appellant.

Theodore L. Sendak, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Judge.

Defendant-appellant Larry Charles McCraney appeals his conviction of theft for which he was sentenced for a determinate period of four years.

Defendant alleges that the trial court erred in refusing his motion for a continuance requested the morning of trial. Denial of a motion for a continuance based upon nonstatutory grounds will not be reversed unless a clear abuse of discretion has been demonstrated. Massey v. State (1978), Ind., 371 N.E.2d 703.

The record discloses that the trial court appointed pauper counsel for defendant on March 9, 1978. On March 28, Chris Gielow entered his appearance as pauper counsel. On May 10, 1978, the trial was set for June 12, 1978. Three days before the trial date a private attorney contacted the trial judge to request a continuance so that he could represent the defendant. The judge denied his request but advised him that he could enter an appearance. On the day of trial, defendant moved for a continuance in order to enable him to employ private counsel. Defendant asserted that funds to hire an attorney became available only three days before trial. However, no private counsel appeared for the defendant and the trial court denied his motion.

It has been recognized that a defendant charged with a felony must be allowed representation of counsel. Gideon v. Wainwright (1963), 372 U.S. 335, 83 S.Ct.

Page 284

792, 9 L.Ed.2d 799. While an accused should have an opportunity to secure counsel of his own choosing when he is financially able to do so, See: Page v. State (1956), 235 Ind. 628, 137 N.E.2d 405, [180 Ind.App. 192] it is nonetheless imperative that he exercise this right of selection at an appropriate stage of the proceedings. Atkins v. State (1977), Ind.App., 370 N.E.2d 985. The Supreme Court of Indiana expressed its disapproval toward motions to substitute counsel tendered on the trial date in Magley v. State (1975), 263 Ind. 618, 335 N.E.2d 811.

"We note also that the trial court may refuse to allow either the rich or the poor man to replace his counsel during or immediately before trial, because such a substitution would require the...

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4 practice notes
  • Parr v. State, No. 1083S363
    • United States
    • Indiana Supreme Court of Indiana
    • March 9, 1987
    ...imperative that he exercise this right of selection at the appropriate stage of the proceeding. McCraney v. State (1979) Ind.App. , 388 N.E.2d 283; Atkins v. State (1977) Ind.App. , 370 N.E.2d 985. The freedom of choice of counsel may not be manipulated to subvert the orderly procedure of t......
  • Norfolk & W. Ry. Co. v. State, No. 3-378A53
    • United States
    • Indiana Court of Appeals of Indiana
    • April 11, 1979
    ...statute at trial was upon the Railway. See: Day v. State (1968), 251 Ind. 399, at 402, 241 N.E.2d 357, at 359. Having failed to sustain[180 Ind.App. 190] this burden, the judgment below is Affirmed. GARRARD, P. J., concurs. STATON, J., concurs with opinion. STATON, Judge, concurring. I conc......
  • Barham v. State, No. 49A04-9308-CR-306
    • United States
    • Indiana Court of Appeals of Indiana
    • October 18, 1994
    ...of trial. Vacendak v. State (1982), Ind., 431 N.E.2d 100; Harris v. State (1981), Ind.App., 416 N.E.2d 902; McCraney v. State (1979), 180 Ind.App. 190, 388 N.E.2d 283; U.S. v. Hampton (1972), 7th Cir., 457 F.2d 299, cert. denied, (1972), 409 U.S. 856, 93 S.Ct. 136, 34 L.Ed.2d 101. Private c......
  • Morgan v. State, No. 3-579A139
    • United States
    • Indiana Court of Appeals of Indiana
    • December 6, 1979
    ...imperative that he exercise this right of selection at the appropriate stage of the proceeding. McCraney v. State (1979), Ind.App., 388 N.E.2d 283; Atkins v. State (1977), Ind.App., 370 N.E.2d 985. The freedom of choice of counsel may not be manipulated to subvert the orderly procedure of t......
4 cases
  • Parr v. State, No. 1083S363
    • United States
    • Indiana Supreme Court of Indiana
    • March 9, 1987
    ...imperative that he exercise this right of selection at the appropriate stage of the proceeding. McCraney v. State (1979) Ind.App. , 388 N.E.2d 283; Atkins v. State (1977) Ind.App. , 370 N.E.2d 985. The freedom of choice of counsel may not be manipulated to subvert the orderly procedure of t......
  • Norfolk & W. Ry. Co. v. State, No. 3-378A53
    • United States
    • Indiana Court of Appeals of Indiana
    • April 11, 1979
    ...statute at trial was upon the Railway. See: Day v. State (1968), 251 Ind. 399, at 402, 241 N.E.2d 357, at 359. Having failed to sustain[180 Ind.App. 190] this burden, the judgment below is Affirmed. GARRARD, P. J., concurs. STATON, J., concurs with opinion. STATON, Judge, concurring. I conc......
  • Barham v. State, No. 49A04-9308-CR-306
    • United States
    • Indiana Court of Appeals of Indiana
    • October 18, 1994
    ...of trial. Vacendak v. State (1982), Ind., 431 N.E.2d 100; Harris v. State (1981), Ind.App., 416 N.E.2d 902; McCraney v. State (1979), 180 Ind.App. 190, 388 N.E.2d 283; U.S. v. Hampton (1972), 7th Cir., 457 F.2d 299, cert. denied, (1972), 409 U.S. 856, 93 S.Ct. 136, 34 L.Ed.2d 101. Private c......
  • Morgan v. State, No. 3-579A139
    • United States
    • Indiana Court of Appeals of Indiana
    • December 6, 1979
    ...imperative that he exercise this right of selection at the appropriate stage of the proceeding. McCraney v. State (1979), Ind.App., 388 N.E.2d 283; Atkins v. State (1977), Ind.App., 370 N.E.2d 985. The freedom of choice of counsel may not be manipulated to subvert the orderly procedure of t......

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