Schuble v. Youngblood, No. 28320.
| Docket Nº | No. 28320. |
| Citation | 73 N.E.2d 478, 225 Ind. 169 |
| Case Date | June 12, 1947 |
| Court | Supreme Court of Indiana |
225 Ind. 169
73 N.E.2d 478
SCHUBLE
v.
YOUNGBLOOD, Circuit Judge.
No. 28320.
Supreme Court of Indiana.
June 12, 1947.
Original action by William J. Schuble against Nat H. Youngblood, as Judge of the Vanderburgh Circuit Court, wherein the petitioner asked that the Supreme Court mandate the respondent to grant petitioner's motion for a new attorney to represent the petitioner upon appeal in a criminal proceeding.
Petition denied.
[73 N.E.2d 478]
William J. Schuble, pro se.
No appearance for respondent.
YOUNG, Judge.
It appears that petitioner herein was tried and convicted of a criminal offense in the Vanderburgh Circuit Court. He was a poor person and an attorney had been appointed to defend him. After his conviction he filed a written motion asking the respondent Judge to substitute an attorney, whom he named, to represent him in an appeal instead of the attorney originally appointed. Respondent declined to do so and petitioner instituted this original action in this court, asking that this court mandate the respondent to grant his motion for a new attorney to represent him upon appeal.
The petition in this court is verified and alleges that it is his ‘honest belief that’ the attorney (naming him) ‘appointed by the Vanderburgh Circuit Court is incompetent,
[73 N.E.2d 479]
negligent and indifferent and that a proper appeal will not be made unless petitioner's motion for substitution of attorney is granted.’ No facts upon which this conclusion is based are set out.
The written motion filed by petitioner in trial court, asking for a new attorney was not verified. A copy of it is attached to the petition filed here as an exhibit. In that he asked that a named attorney of his selection be appointed in the place of the attorney originally appointed by the court He alleged that this original attorney is without the skill and knowledge necessary to represent him; that he is incompetent negligent and indifferent; that ‘defendant is convinced that’ the said attorney (naming him) ‘regards his position as that of a guard to prevent defendant, who is illegally restrained of his liberties to take legal steps to obtain his release,’ and that ‘defendant is convinced that’ said attorney, (naming him) ‘is not only incompetent, but is also biased and prejudiced against the basic idea of just and honest enforcement of the law,’ and that defendant believes that the said attorney ‘is motivated by malice, and not by an alert, profound and sincere American concept of good law enforcement’; that he ‘objects to said attorney appearing in this cause, purporting to...
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Wright v. State, Supreme Court Case No. 20S-LW-260
...such services he must find some way to employ counsel of his own selection or proceed in propria persona. " Schuble v. Youngblood , 225 Ind. 169, 173, 73 N.E.2d 478, 479–80 (1947). Despite "the burden and hazards incident to his position," we noted in yet another opinion, a "defendant may r......
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Irvin v. State, No. 4823
...v. Cox, 22 Ill.2d 534, 177 N.E.2d 211 (1961), cert. den., 374 U.S. 855, 83 S.Ct. 1925, 10 L.Ed.2d 1076 (1963); Schuble v. Youngblood, 225 Ind. 169, 73 N.E.2d 478 (1947); Rahhal v. State, 52 Wis.2d 144, 187 N.W.2d 800 (1971). Cf., Commonwealth v. Johnson, 428 Pa. 210, 236 A.2d 805 (1968); an......
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Works v. State, No. 775S167
...in propria persona.' State v. Irvin; Mogle; McAllister, (1973) 259 Ind. 610, 291 N.E.2d 70, 74, citing Schuble v. Youngblood, (1947) 225 Ind. 169, 73 N.E.2d The defendant, at his first arraignment hearing held August 29, 1974, requested the appointment of counsel but then withdrew his reque......
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State v. Irvin, No. 971S265
...and can only be reviewed for abuse. State ex rel. Brown v. Thompson (1948), 226 Ind. 392, 81 N.E.2d 533; Schuble v. Youngblood (1947), 225 Ind. 169, 73 N.E.2d 478. The trial court need not appoint such counsel as the defendant may choose. Burton v. State (1964), 246 Ind. 197, 200, 202 N.E.2......
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Wright v. State, Supreme Court Case No. 20S-LW-260
...such services he must find some way to employ counsel of his own selection or proceed in propria persona. " Schuble v. Youngblood , 225 Ind. 169, 173, 73 N.E.2d 478, 479–80 (1947). Despite "the burden and hazards incident to his position," we noted in yet another opinion, a &......
-
Irvin v. State, No. 4823
...v. Cox, 22 Ill.2d 534, 177 N.E.2d 211 (1961), cert. den., 374 U.S. 855, 83 S.Ct. 1925, 10 L.Ed.2d 1076 (1963); Schuble v. Youngblood, 225 Ind. 169, 73 N.E.2d 478 (1947); Rahhal v. State, 52 Wis.2d 144, 187 N.W.2d 800 (1971). Cf., Commonwealth v. Johnson, 428 Pa. 210, 236 A.2d 805 (1968); an......
-
Works v. State, No. 775S167
...in propria persona.' State v. Irvin; Mogle; McAllister, (1973) 259 Ind. 610, 291 N.E.2d 70, 74, citing Schuble v. Youngblood, (1947) 225 Ind. 169, 73 N.E.2d The defendant, at his first arraignment hearing held August 29, 1974, requested the appointment of counsel but then withdrew his reque......
-
State v. Irvin, No. 971S265
...and can only be reviewed for abuse. State ex rel. Brown v. Thompson (1948), 226 Ind. 392, 81 N.E.2d 533; Schuble v. Youngblood (1947), 225 Ind. 169, 73 N.E.2d 478. The trial court need not appoint such counsel as the defendant may choose. Burton v. State (1964), 246 Ind. 197, 200, 202 N.E.2......